Cabinet Approves High Court Rationalisation and Judicial Post Expansion

Posted 09 June 2026 Written by Acts Online
Category Legal & Litigation

Brought to you by SAnews: Cabinet has approved the implementation of the report of the Committee on the Rationalisation of the Areas under the Jurisdiction and Judicial Establishments of the Divisions of the High Court of South Africa, initiating a major restructuring of judicial jurisdictions under the Interim Rationalisation of Jurisdiction of the High Court’s Act of 2001.

The rationalisation process, which aims to address historical spatial injustices and improve access to justice, will be executed in two distinct phases. Phase 1 is scheduled to take effect on 1 July 2026.

Phase 1 Implementation (Effective 1 July 2026)

The first phase of the restructuring entails the following key directives:

  • Jurisdictional Adjustments: Implementing immediate recommendations regarding the Magisterial Districts and Sub-Districts in respect of which the Main and Local Seats of the respective Divisions of the High Court shall exercise jurisdiction.
  • Local Seats: Gazetting and utilising local seats where the necessary infrastructure is already available.
  • Acting Judges Guidelines: Implementing the newly revised guidelines for the appointment of Acting Judges, which have been signed off by the Chief Justice and will be gazetted.
  • Judicial Capacity: Initiating a process with National Treasury and the Office of the Chief Justice to effect a 20% increase in judicial posts across all Divisions of the High Court.

Phase 2 and Future Expansions

Phase 2 will focus on a phased-in approach to establish additional local seats through the construction of new courts or the expansion of existing magistrates’ courts. The targeted areas for these expansions include:

  • The Gauteng Division at Palm Ridge;
  • The Free State Division at Welkom;
  • The North West Division at Rustenburg;
  • The Northern Cape Division at Upington; and
  • The Western Cape Division at Thembalethu.

Additionally, steps have been initiated to establish a new court in Kempton Park, adjacent to OR Tambo International Airport, to swiftly address immigration-related legal matters. Meanwhile, consultations remain ongoing regarding the proposed relocation of the seat of the Eastern Cape Division from Makhanda to Bhisho.

What this means for you, your business, or your clients

  • For yourself: Legal practitioners seeking acting judicial appointments must familiarise themselves with the revised guidelines for the appointment of Acting Judges once gazetted ahead of the 1 July 2026 implementation date.
  • For your business: Law firms and corporate legal departments must audit their jurisdiction maps and prepare to update filing protocols to align with the newly gazetted Magisterial Districts and High Court local seats.
  • For your clients: Litigants in outlying or historically underserved areas may benefit from localized access to High Court divisions, potentially reducing travel costs and administrative delays once Phase 1 and Phase 2 seats are fully operational.

Originally published at https://www.sanews.gov.za/south-africa/rationalisation-courts-move-secure-access-all

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