Superior Courts Act, 2013 (Act No. 10 of 2013)Chapter 2 : Constitutional Court, Supreme Court of Appeal and High Court of South Africa6. Constitution of High Court of South Africa |
| (1) | The High Court of South Africa consists of the following Divisions: |
| (a) | Eastern Cape Division, with its main seat in Grahamstown. |
| (b) | Free State Division, with its main seat in Bloemfontein. |
| (c) | Gauteng Division, with its main seat in Pretoria. |
| (d) | KwaZulu-Natal Division, with its main seat in Pietermaritzburg. |
| (e) | Limpopo Division, with its main seat in Polokwane. |
| (f) | Mpumalanga Division, with its main seat in Nelspruit. |
| (g) | Northern Cape Division, with its main seat in Kimberley. |
| (h) | North West Division, with its main seat in Mahikeng. |
| (i) | Western Cape Division, with its main seat in Cape Town. |
| (2) | Each Division of the High Court consists of— |
| (a) | a Judge President and one or more Deputy Judges President, as determined by the President, each with specified headquarters within the area under the jurisdiction of that Division; and |
| (b) | so many other judges as may be determined in accordance with the prescribed criteria, and approved by the President. |
| (3) |
| (a) | The Minister must, after consultation with the Judicial Service Commission, by notice in the Gazette, determine the area under the jurisdiction of a Division, and may in the same manner amend or withdraw such a notice. |
| (b) | The area under the jurisdiction of a Division may comprise any part of one or more provinces. |
| (c) | The Minister may, after consultation with the Judicial Service Commission, by notice in the Gazette establish one or more local seats for a Division, in addition to the main seats referred to in subsection (1), and determine the area under the jurisdiction of such a local seat, and may in the same manner amend or withdraw such a notice. |
| (d) | The publication of a notice referred to in paragraph (a) or (c) does not affect any proceedings which are pending at the time of such publication. |
| (4) | If a Division has one or more local seats— |
| (a) | the main seat of that Division has concurrent appeal jurisdiction over the area of jurisdiction of any local seat of that Division, and the Judge President of the Division may direct that an appeal against a decision of a single judge or of a Magistrates’ Court within that area of jurisdiction may be heard at the main seat of the Division; |
| (b) | the Judge President of that Division must compile a single court roll for that Division; and |
| (c) | the Judge President of that Division may assign all the judges of that Division within the Division as he or she deems fit. |
| (5) | If a judge of one Division is to be temporarily assigned to another Division, such assignment must take place by way of an acting appointment in terms of section 175(2) of the Constitution. |
| (6) |
| (a) | Subject to paragraph (b), a Deputy Judge President of a Division must— |
| (i) | exercise such powers or perform such functions of the Judge President in terms of this or any other law as the latter may assign to him or her; and |
| (ii) | in the absence of the Judge President of that Division, or if the office of the Judge President is vacant, exercise the powers or perform the functions of the Judge President, as the Acting Judge President of that Division. |
| (b) | If more than one Deputy Judge President is appointed in respect of a Division, the most senior Deputy Judge President of that Division must exercise the powers or perform the functions of the Judge President in the circumstances referred to in paragraph (a)(ii). |
| (7) | Whenever it appears to the Judge President of a Division that it is expedient or in the interests of justice to hold a sitting for the hearing of any matter at a place elsewhere than at the seat or a local seat of the Division, he or she may, after consultation with the Minister, hold such sitting at that place. |