The Eastern Cape Division of the High Court of South Africa is a

superior Superior may refer to: *Superior (hierarchy), something which is higher in a hierarchical structure of any kind Places *Superior (proposed U.S. state), an unsuccessful proposal for the Upper Peninsula of Michigan to form a separate state *Lake ...

court of law with general jurisdiction over the

Eastern Cape The Eastern Cape is one of the provinces of South Africa. Its capital is Bhisho, but its two largest cities are East London and Gqeberha. The second largest province in the country (at 168,966 km2) after Northern Cape, it was formed in ...

province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at

Port Elizabeth Gqeberha (), formerly Port Elizabeth and colloquially often referred to as P.E., is a major seaport and the most populous city in the Eastern Cape province of South Africa. It is the seat of the Nelson Mandela Bay Metropolitan Municipality, Sou ...

East London East or Orient is one of the four cardinal directions or points of the compass. It is the opposite direction from west and is the direction from which the Sun rises on the Earth. Etymology As in other languages, the word is formed from the f ...

Bhisho Bhisho (formerly Bisho) is the capital of the Eastern Cape province in South Africa. The Office of the Premier, Provincial Legislature and many other government departments are headquartered in the town. The town, three kilometres from Qonce and ...

and Mthatha. the Judge President of the division is

Selby Mbenenge Selby is a market town and civil parish in the Selby District of North Yorkshire, England, south of York on the River Ouse, with a population at the 2011 census of 14,731. The town was historically part of the West Riding of Yorkshire until ...

History

A superior court was first established at Grahamstown in 1864, as the Court of the Eastern Districts of the

Cape of Good Hope The Cape of Good Hope ( af, Kaap die Goeie Hoop ) ;''Kaap'' in isolation: pt, Cabo da Boa Esperança is a rocky headland on the Atlantic coast of the Cape Peninsula in South Africa. A common misconception is that the Cape of Good Hope is t ...

, to ease access to justice for the residents of what is now the Eastern Cape. The Eastern Districts Court was subordinate to the

Supreme Court of the Cape of Good Hope The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over ...

in Cape Town, which had concurrent jurisdiction over the eastern districts. When the Union of South Africa was created in 1910, the Eastern Districts Court became the Eastern Districts Local Division of the

Supreme Court of South Africa The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1997. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was t ...

. In 1957 the division was removed from the concurrent jurisdiction of the court at Cape Town and renamed as the Eastern Cape Provincial Division. In 1974 the South Eastern Cape Local Division was established in

to serve that city and the surrounding districts, although the Grahamstown court retained concurrent jurisdiction; that court is now a local seat of the division. In 1973 the Transkei was removed from the jurisdiction of the Grahamstown court when the Transkeian High Court was established at Mthatha. When the Transkei received nominal independence from South Africa, that court became the Supreme Court of the Transkei. Initially decisions could still be appealed from the court to the Appellate Division of the

, but in 1979 an Appellate Division was established in the Supreme Court of Transkei. A similar process took place in the

Ciskei Ciskei (, or ) was a Bantustan for the Xhosa people-located in the southeast of South Africa. It covered an area of , almost entirely surrounded by what was then the Cape Province, and possessed a small coastline along the shore of the Indian O ...

, which received nominal independence and established its own Supreme Court at Zwelitsha in 1981. In 1984 an Appellate Division was established and the court moved to new buildings in

. When the Transkei and Ciskei were reincorporated in South Africa on 27 April 1994, their Supreme Courts remained in existence, but three months later their Appellate Divisions were abolished and their jurisdiction transferred to the South African Appellate Division. When the final Constitution came into force the remaining General Divisions became High Courts of South Africa, known as the Transkei Division and the Ciskei Division. In 2013 under the

Superior Courts Act, 2013 The Superior Courts Act, 2013 (Act No. 10 of 2013) is an act of the Parliament of South Africa that restructured the court system. It reorganised the various High Courts into a single High Court of South Africa, with a division situated in each p ...

they became local seats of the Eastern Cape division, once again subordinate to Grahamstown. In December 2019 the Eastern Cape Division of the High Court of South Africa ruled against the ban of children without birth certificates from receiving basic education in South Africa. The court ruled that "It is an important socioeconomic right directed, among other things, at promoting and developing a child’s personality, talents and mental and physical abilities to his or her fullest potential" and that "Basic education also provides a foundation for a child’s lifetime learning and work opportunities."

History

Seats

References

External links