The High Court of South Africa is a

superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...

. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has

general jurisdiction {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth. United States All federal courts ar ...

over a defined geographical area in which it is situated. The decisions of a division are binding on

magistrates' courts A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...

within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000

rand The RAND Corporation (from the phrase "research and development") is an American nonprofit global policy think tank created in 1948 by Douglas Aircraft Company to offer research and analysis to the United States Armed Forces. It is financed ...

, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by 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 ...

. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former

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 ...

and the supreme courts of the

TBVC states A Bantustan (also known as Bantu homeland, black homeland, black state or simply homeland; ) was a territory that the National Party administration of South Africa set aside for black inhabitants of South Africa and South West Africa (now ...

("Bantustans" created by the

apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...

government in the 1950s).

Important officers in a High Court division

Each division is headed by a Judge President and Deputy Judge President. The registrar keeps all the official court documents. The

family advocate Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Ideall ...

must be consulted on all matters involving children, as the High Court is the "upper guardian" of all children in South Africa. The Master of the High Court keeps all the records relating to people's estates (whether they are deceased or insolvent). The

Sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

delivers certain documents to the parties in a civil case, and also attaches property when a warrant is issued. The Director of Public Prosecutions, who used to be called the Attorney-General, is responsible for criminal prosecutions by the state. The State Attorney is the lawyer who represents the state in civil actions (where the state is suing or being sued).

Divisions

The

, divides the High Court into nine divisions, one for each

province A province is almost always an administrative division within a country or sovereign state, state. The term derives from the ancient Roman ''Roman province, provincia'', which was the major territorial and administrative unit of the Roman Empire ...

. Some divisions have multiple seats of the court; the main seat has jurisdiction over the whole province, while the local seats have concurrent jurisdiction over some part of the province. The divisions are: * The

Eastern Cape Division The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Port Eli ...

Grahamstown Makhanda, also known as Grahamstown, is a town of about 140,000 people in the Eastern Cape province of South Africa. It is situated about northeast of Port Elizabeth and southwest of East London, Eastern Cape, East London. Makhanda is the lar ...

with local seats at Bhisho,

Mthatha Mthatha , formerly Umtata, is the main city of the King Sabata Dalindyebo Local Municipality in Eastern Cape province of South Africa and the capital of OR Tambo District Municipality. The city has an airport, previously known as the K. D. Matanzi ...

and

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 ...

* The

Free State Division The Free State Division of the High Court of South Africa (previously named the Orange Free State Provincial Division and the Free State High Court, and commonly known as the Bloemfontein High Court) is a superior court of law with general jurisd ...

Bloemfontein Bloemfontein, ( ; , "fountain of flowers") also known as Bloem, is one of South Africa's three capital cities and the capital of the Free State (province), Free State province. It serves as the country's judicial capital, along with legisla ...

* The

Gauteng Division The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, ...

Pretoria Pretoria () is South Africa's administrative capital, serving as the seat of the Executive (government), executive branch of government, and as the host to all foreign embassies to South Africa. Pretoria straddles the Apies River and extends ...

with a local seat at

Johannesburg Johannesburg ( , , ; Zulu and xh, eGoli ), colloquially known as Jozi, Joburg, or "The City of Gold", is the largest city in South Africa, classified as a megacity, and is one of the 100 largest urban areas in the world. According to Demo ...

* The

KwaZulu-Natal Division The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat ...

Pietermaritzburg Pietermaritzburg (; Zulu: umGungundlovu) is the capital and second-largest city in the province of KwaZulu-Natal, South Africa. It was founded in 1838 and is currently governed by the Msunduzi Local Municipality. Its Zulu name umGungundlovu ...

with a local seat at

Durban Durban ( ) ( zu, eThekwini, from meaning 'the port' also called zu, eZibubulungwini for the mountain range that terminates in the area), nicknamed ''Durbs'',Ishani ChettyCity nicknames in SA and across the worldArticle on ''news24.com'' from ...

* The

Limpopo Division The Limpopo Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Limpopo province of South Africa. The main seat of the court in Polokwane opened on 25 January 2016. The court also has local seats ...

Polokwane Polokwane (, meaning "Sanctuary" in Northern SothoPolokwane - The Heart of the Limpopo Province ...

with local seats at

Thohoyandou Thohoyandou ( ve, Ṱhohoyanḓou) is a town in the Limpopo Province of South Africa. It is the administrative centre of Vhembe District Municipality and Thulamela Local Municipality. It is also known for being the former capital of the bantusta ...

and

Lephalale Lephalale (formerly Ellisras) is a coal mining town in the Limpopo province of South Africa immediately east of the Waterberg Coalfield. The town was established as Ellisras in 1960 and named after Patrick Ellis and Piet Erasmus who settled on a ...

* The

Mpumalanga Division The Mpumalanga Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Mpumalanga province of South Africa. The main seat of the court in Mbombela (Nelspruit) opened on 13 May 2019. The court also ...

Mbombela Mbombela (also known as Nelspruit) is a city in northeastern South Africa. It is the capital of the Mpumalanga province. Located on the Crocodile River, Mbombela lies about by road west of the Mozambique border, east of Johannesburg and north ...

with a local seat at

Middelburg Middelburg may refer to: Places and jurisdictions Europe * Middelburg, Zeeland, the capital city of the province of Zeeland, southwestern Netherlands ** Roman Catholic Diocese of Middelburg, a former Catholic diocese with its see in the Zeeland ...

* The North West Division at

Mahikeng Mafikeng, officially known as Mahikeng and previously Mafeking (, ), is the capital city of the North West Province (South Africa), North West province of South Africa. Close to South Africa's border with Botswana, Mafikeng is northeast of Cape ...

* The

Northern Cape Division The Northern Cape Division of the High Court of South Africa (formerly named the Northern Cape High Court and the Northern Cape Provincial Division, and commonly known as the Kimberley High Court) is a superior court of law with general jurisdictio ...

at Kimberley * The

Western Cape Division 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 the ...

Cape Town Cape Town ( af, Kaapstad; , xh, iKapa) is one of South Africa's three capital cities, serving as the seat of the Parliament of South Africa. It is the legislative capital of the country, the oldest city in the country, and the second largest ...

Circuit Court

Circuit Courts are also part of the High Court. They sit at least twice a year, moving around to serve more rural areas.

References

{{DEFAULTSORT:High Courts Of South Africa Courts of South Africa