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 Western Cape province of South Africa (except for the Murraysburg district which falls within the jurisdiction of the Eastern Cape Division).[1] The division, which sits at Cape Town, consists of 31 judges led by Acting Judge President Patricia Goliath, former Acting Constitutional Court Justice.
| Western Cape Division of the High Court of South Africa | |
|---|---|
 | |
 | |
| 33°55′30″S 18°25′4″E / 33.92500°S 18.41778°E | |
| Established | 1 January 1828 (Supreme Court of the Cape Colony) |
| Jurisdiction | Most of Western Cape, South Africa |
| Location | Cape Town |
| Coordinates | 33°55′30″S 18°25′4″E / 33.92500°S 18.41778°E |
| Composition method | Presidential appointment on the advice of the Judicial Service Commission |
| Authorised by | Chp. 8 of the Constitution; Superior Courts Act, 2013 |
| Appeals to | Supreme Court of Appeal or Constitutional Court |
| Number of positions | 31 |
| Judge President | |
| Currently | Nolwazi Mabindla-Boqwana |
| Since | 2023 |
History
edit
The origins of the Western Cape Division lie in the Supreme Court of the Colony of the Cape of Good Hope, which was established on 1 January 1828[2] as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827.[3] Upon the creation of the Union of South Africa in 1910, the Supreme Court of the Cape Colony was transformed by the South Africa Act 1909 into the Cape of Good Hope Provincial Division of the new Supreme Court of South Africa.
Originally the Cape Division had jurisdiction over the whole of the Cape Province, although concurrently with the Eastern Cape (Grahamstown) and Griqualand West (Kimberley) Local Divisions in their areas of jurisdiction. However, in 1957 the Eastern Cape division was elevated to the status of a provincial division, and in 1969 the Griqualand West division was similarly elevated, becoming the Northern Cape Division.[4] Upon elevation these divisions became independent from the Cape Division.
When the final Constitution of South Africa came into force in 1997, the Cape of Good Hope Division of the Supreme Court became a High Court. In 2003, in terms of the Interim Rationalisation of Jurisdiction of High Courts Act, 2001, the area of jurisdiction of the Cape High Court was modified to coincide with the boundaries of the Western Cape province.[5] The Renaming of High Courts Act, 2008 renamed it to the "Western Cape High Court, Cape Town".[6] In 2013, in the restructuring brought about by the Superior Courts Act, it became the Western Cape Division of the High Court of South Africa.
Judges
editThe Western Cape Division has a complement of 31 judges. Judges are addressed as "the Honourable Justice", or just "My Lord" or "My Lady". As of 2012[update] the judges are:[7]
- Patricia Goliath (Acting Judge President)
- André Le Grange (Acting Deputy Judge President)
- Rosheni Allie
- Elizabeth Baartman
- Ashley Binns-Ward
- André Blignault
- Leonard Bozalek
- Dennis Davis
- Siraj Desai
- Daniel Dlodlo
- Nathan Erasmus
- Chantal Fortuin
- Burton Fourie
- Patric Gamble
- Barend Griesel
- Robert Henney
- Willem Louw
- Shenaaz Meer
- Tandazwa Ndita
- Vincent Saldanha
- Monde Samela
- Elize Steyn
- Anton Veldhuizen
- Basheer Waglay
- James Yekiso
- Dumisani Zondi
There are currently five vacant seats on the Bench.
Circuits
editThe rural districts of the Western Cape, outside of the Cape Town metropolitan area, are divided into circuits. Judges of the division travel the circuits at least twice a year.[8]
- The Western Circuit sits in Vredendal and Vanrhynsdorp, and hears cases from the West Coast.
- The Northern Circuit sits in Worcester and Beaufort West, and hears cases from the upper Breede River Valley and the Great Karoo.
- The Eastern Circuit sits in George, Mossel Bay, Knysna and Oudtshoorn, and hears cases from the Garden Route and the Little Karoo.
- The Southern Circuit sits in Swellendam and hears cases from the Overberg and the lower Breede River Valley.
- The Cape Circuit sits in Paarl and Stellenbosch, and hears only criminal cases from the Boland and the Helderberg.
References
editCitations
edit- ^ Interim Report of the Committee on the Rationalisation of the Areas under the Jurisdiction of the Divisions of the High Court of South Africa and Judicial Establishments (PDF) (Report). Department of Justice and Constitutional Development. 21 November 2022. pp. 158–161. Retrieved 17 December 2022.
- ^ Khan, F. W.; Heunis, T. L. (2003). "Chapter 1: The historical development of the Supreme Court of South Africa" (PDF). A review of the administrative recess system in the High Court. Department of Justice and Constitutional Development. p. 3.
- ^ Zimmermann & Visser 1996, p. 146.
- ^ Zimmermann & Visser 1996, p. 119.
- ^ "Alteration of area of jurisdiction for which High Court has been established." Government Notice No. 937 of 2003. Government Gazette No. 25141, 27 June 2003.
- ^ Renaming of High Courts Act, 2008. Act No. 30 of 2008. Government Gazette No. 31636, 24 November 2008.
- ^ "Western Cape High Court, Cape Town". Judges by Court. Juta Law. Retrieved 30 December 2011.
- ^ Erasmus, H J; Van Loggerenberg, D E; Farlam, P B J (1994). Superior Court Practice. Juta. ISBN 978-0-7021-3011-3.
Sources
edit- Zimmermann, Reinhard; Visser, D. P. (1996). Southern Cross: Civil Law and Common Law in South Africa. Oxford University Press. doi:10.1093/acprof:oso/9780198260875.001.0001. ISBN 0-19-826087-3.