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Superior Courts Act, 2013 (Act No. 10 of 2013)

Chapter 9 : Transitional provisions, amendment and repeal of laws, and commencement

50. Existing High Courts

 

(1) On the date of the commencement of this Act, but subject to the issuing of any notice referred to in section 6(3)(a) or (c), the—
(a) Eastern Cape High Court, Bhisho, becomes a local seat of the Eastern Cape Division;
(b) Eastern Cape High Court, Grahamstown, becomes the main seat of the Eastern Cape Division;
(c) Eastern Cape High Court, Mthatha, becomes a local seat of the Eastern Cape Division;
(d) Eastern Cape High Court, Port Elizabeth, becomes a local seat of the Eastern Cape Division;
(e) Free State High Court, Bloemfontein, becomes the main seat of the Free State Division;
(f) KwaZulu-Natal High Court, Durban, becomes a local seat of the KwaZulu-Natal Division;
(g) KwaZulu-Natal High Court, Pietermaritzburg, becomes the main seat of the KwaZulu-Natal Division;
(h) Limpopo High Court, Thohoyandou, subject to subsection (2), becomes a local seat of the Limpopo Division;
(i) Northern Cape High Court, Kimberley, becomes the main seat of the Northern Cape Division;
(j) North Gauteng High Court, Pretoria, becomes the main seat of the Gauteng Division;
(k) North West High Court, Mahikeng, becomes the main seat of the North West Division;
(l) South Gauteng High Court, Johannesburg, becomes a local seat of the Gauteng Division; and
(m) Western Cape High Court, Cape Town, becomes the main seat of the Western Cape Division,

of the High Court of South Africa, and the area of jurisdiction of each of those courts becomes the area of jurisdiction or part of the area of jurisdiction, as the case may be, of the Division in question.

 

(2) Notwithstanding section 6(1), the Gauteng Division shall also function as the Limpopo and Mpumalanga Divisions, respectively, until a notice published in terms of section 6(3) in respect of those Divisions comes into operation.

 

(3) Any circuit court established under any law repealed by this Act and in existence immediately before the commencement of this Act, shall be deemed to have been duly established in terms of this Act as a Circuit Court of the Division concerned.

 

(4) Any person holding office as the Judge President, a Deputy Judge President or a judge of a High Court referred to in subsection (1) when this Act takes effect, becomes the Judge President, a Deputy Judge President or a judge of the Division in question, as the case may be.

 

(5) The President may, with the view to facilitating and promoting the effective and efficient administration of justice in the Divisions established in terms of this Act, after consultation with the Chief Justice and the Minister, and with the consent of the judge concerned, transfer any judge of a Division to the Limpopo, Mpumalanga or North West Division.