Frank Mhlongo and Others v Tryphinah Mokoena N O and Others (865/2020)
Frank Mhlongo and Others v Tryphinah Mokoena N O and Others (865/2020) [2022] ZASCA 78; 2022 (6) SA 129 (SCA) (31 May 2022)
The Supreme Court of Appeal held that the Gauteng Division of the High Court, Pretoria retained jurisdiction over matters arising in Mpumalanga until the Minister's notice establishing the Mpumalanga Division took effect on 1 May 2019. The Judge President's Practice Directive No 1 of 2015, specifically clause 1.5, could not lawfully exclude the jurisdiction of the Gauteng Division, as only the Minister is empowered to determine jurisdictional boundaries under section 6(3) of the Superior Courts Act. The Practice Directive was inconsistent with the Act and therefore invalid. The High Court err…
Source excerpt
- Jurisdiction Of High Courts
- Practice Directives
- Superior Courts Act
- Access To Courts
- Powers Of Judge President