Interim Rationalisation of Jurisdiction of High Courts Act

5 December 2001 No. 22893 THE PRESIDENCY No. 1282 5 December 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 41 of 2001: Interim Rationalisation of Jurisdiction of High Courts Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 22893 Act No. 41,2001 GOVERNMENT GAZETTE. 5 DECEMElER 2001 INTERIM RATIONALISATION OF JURISDICTION OF HIGH COURTS ACT, 2001 (English text signed by the President.) (Assented to 29 November 2001.) ACT To make provision for the interim rationalisation of the areas of jurisdiction of the High Courts; and to provide for matters connected therewith. PREAMBLE WHEREAS item 16(6)(a) of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), provides that as soon as practical after the new Constitution took effect all courts, including their structure, composition, functioning and jurisdiction, and establishing a judicial system suited to the requirements of the new Constitution; all relevant legislation, must be rationalised with a view to AND WHEREAS item 16(6)(b) of Schedule 6 to the Constitution provides that the Cabinet member responsible for the administration of justice, acting after consultation with the Judicial Service Commission, must manage the said rationalisation; AND WHEREAS item 16(4)(a) of Schedule 6 to the Constitution provides that a provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or a general division of such a court, becomes a High Court under the new Constitution without rationalisation contemplated in item 16(6) of Schedule 6 to the Constitution; any alteration in its area of jurisdiction, subject to any AND WHEREAS the rationalisation process envisaged in item 16(6) of Schedule 6 to the Constitution is a comprehensive process which will require a considerable period to bring to its conclusion; AND WHEREAS the interim rationalisation of the areas of jurisdiction of certain High Courts as a matter of urgency will promote the efficiency of, and equity relating to, the administration of justice throughout the whole of the Republic; B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- Definitions

1. In this Act, unless the context indicates otherwise- district referred to in section 2(l)(a) of the Magistrates’ “Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996); “district” means any Courts Act, 1944 (Act No. 32 of 1944); “High Court” means any High Court contemplated in section 166(c) of Ithe 10 Constitution; “Judicial Service Commission” means the Judicial Service Commission contem- plated in section 178(1) of the Constitution; “Minister” means the Cabinet member responsible for the administration justice. of 5 4 No. 22893 Act No. 41,2001 GOVERNMENT GAZETTE. 5 DECEMBER 2001 IKTERIM RATIONALISATION OF JURISDICTION OF HIGH COURTS ACT, 2001 Minister may alter area of jurisdiction of any High Court 2. (1) Notwithstanding the provisions of any other law, the Minister may, after consultation with the Judicial Service Commission, by notice in the Guzette- (a) alter the area of jurisdiction for which a High Court has been established by including therein or excising therefrom any district or part thereof; (b) amend or withdraw any notice issued in terms of this section. 5 (2) Any notice referred to in subsection (1) must be approved by Parliament before publication thereof in the Gazette. (3) The publication of a notice referred to in subsection (1) does not affect any proceedings which have been instituted but not yet completed at the time publication. of such 10 Transfer of proceedings from one High Court to another 3. (1) If any civil proceedings have been instituted in any High Court, and it appears to the Court concerned that such proceedings- ( a ) should have been instituted in another High Court; or (b) would be more conveniently or more appropriately heard or determined in 15 another High Court, the Court may, upon application by any party thereto and after hearing all other pades thereto, order such proceedings to be removed to that other High Court. ( 2 ) An order for removal under subsection (1) must be transmitted to the registrar of 20 the High Court to which the removal is ordered, and upon receipt of such order that Court may hear and determine the proceedings in question. Repeal of laws and saving

4. Subsections (1) and (4) of section 6 of, and the First Schedule to, the Supreme Act, repealed. Court hereby 1959, are (2) Notwithstanding the repeal of the laws referred to in subsection (l), the seats and the areas of jurisdiction of the High Courts referred to in the said First Schedule shall, subject to any alteration under section 2, remain as they were immediately before the commencement of this Act. Short title

5. This Act is called the Interim Rationalisation of Jurisdiction of High Courts '4ct, 200 1. 25 30