Supreme Court Act, 1959 (Act No. 59 of 1959)

19. Persons over whom and matters in relation to which provincial and local divisions have jurisdiction
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(1)

(a)A provincial or local division shall have jurisdiction over all persons residing or being in and in relation to all causes arising and all offences triable within its area of jurisdiction and all other matters of which it may according to law take cognizance, and shall, subject to the provisions of subsection (2), in addition to any powers or jurisdiction which may be vested in it by law, have power—
(i)to hear and determine appeals from all inferior courts within its area of jurisdiction;
(ii)to review the proceedings of all such courts;
(iii)in its discretion, and at the instance of any interested person, to enquire into and determine any existing, future or contingent right or obligation, notwithstanding that such person cannot claim any relief consequential upon the determination.
(b)A provincial or local division shall also have jurisdiction over any person residing or being outside its area of jurisdiction who is joined as a party to any cause in relation to which such provincial or local division has jurisdiction or who in terms of a third party notice becomes a party to such a cause, if the said person resides or is within the area of jurisdiction of any other provincial or local division.
(c)Subject to the provisions of section 28 and the powers granted under section 4 of the Admiralty Jurisdiction Regulation Act, 1983 (Act 105 of 1983), any High Court may—
(i)issue an order for attachment of property or arrest of a person to confirm jurisdiction or order the arrest suspectus de fuga also where the property or person concerned is outside its area of jurisdiction but within the Republic: Provided that the cause of action arose within its area of jurisdiction; and
(ii)where the plaintiff is resident or domiciled within its area of jurisdiction, but the cause of action arose outside its area of jurisdiction and the property or person concerned is outside its area of jurisdiction, issue an order for attachment of property or arrest of a person to found jurisdiction regardless of where in the Republic the property or person is situated.

 

(2)

(a)Subject to the provisions of paragraph (b) , no appeal jurisdiction or review jurisdiction under subsection (1) shall be exercised by a local division.
(b)The Witwatersrand local division shall have power to hear and determine appeals from all inferior courts in such districts within its area of jurisdiction as the judge president of the Transvaal provincial division may from time to time determine by notice in the Gazette, and to review the proceedings of all such courts.
(c)Any such notice may at any time be amended or withdrawn by the judge president by similar notice.

 

(3)The provisions of this section shall not be constructed as in any way limiting the powers of a provincial or local division as existing at the commencement of this Act, or as depriving any such division of any jurisdiction which could lawfully be exercised by it at such commencement.