Gauteng Division

Last updated
Gauteng Division of the High Court of South Africa
Palace of Justice, Church Square, pretoria.JPG
The Palace of Justice in Pretoria
Established1877 (High Court of the ZAR)
Location Pretoria (main seat), Johannesburg (local seat)
Coordinates 25°44′41″S28°11′15″E / 25.7446°S 28.1874°E / -25.7446; 28.1874 Coordinates: 25°44′41″S28°11′15″E / 25.7446°S 28.1874°E / -25.7446; 28.1874
Composition method Presidential appointment on the advice of the Judicial Service Commission
Authorized byChp. 8 of the Constitution; Superior Courts Act, 2013
Appeals to Supreme Court of Appeal or Constitutional Court
Judge President
Currently Dunstan Mlambo
Since2012

The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. [1]

Contents

History

A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. [2] Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. [3] On the creation of the Union of South Africa these courts became the Transvaal Provincial Division and the Witwatersrand Local Division, respectively, of the Supreme Court of South Africa.

The court building in Johannesburg Jo'burg High Court.jpg
The court building in Johannesburg

The Transvaal Provincial Division's area of jurisdiction was reduced in 1977 and 1979 when Bophuthatswana and Venda became nominally independent and established their own supreme courts. When the current Constitution of South Africa came into force in 1997 the Transvaal and Witwatersrand Divisions of the Supreme Court of South Africa and the Supreme Courts of Bophuthatswana and Venda all became High Courts. In 2001 some districts in North West were removed from the jurisdiction of the Transvaal Division and placed under the Bophuthatswana Division in Mafikeng. In 2009 the Transvaal and Witwatersrand divisions were renamed the North Gauteng and South Gauteng High Courts, respectively. In 2013, in the restructuring brought about by the Superior Courts Act, the courts became two seats of a single Gauteng Division of the High Court of South Africa.

Seats

CityCoordinatesJurisdictionFormer names
Pretoria (main seat) 25°44′41″S28°11′15″E / 25.7446°S 28.1874°E / -25.7446; 28.1874 (Gauteng Division, Pretoria) Province of Gauteng (Ekurhuleni, Emfuleni, Johannesburg, Midvaal, Mogale City), and North West districts of Bloemhof, Brits, Christiana, Klerksdorp, Potchefstroom, Schweizer-Reneke, Ventersdorp, Wolmaransstad, as well as Madibeng, Ga-Rankuwa and Tlokwe in North West provinceHigh Court of the South African Republic; Supreme Court of the Transvaal; Transvaal Provincial Division; North Gauteng High Court [4]
Johannesburg 26°12′08″S28°02′43″E / 26.2023°S 28.0453°E / -26.2023; 28.0453 (Gauteng Division, Johannesburg) In civil and criminal matters: districts of Alberton, Boksburg, Germiston, Johannesburg, Kempton Park, Krugersdorp, Randburg, Randfontein, Roodepoort, Westonaria

In civil matters only: districts of Benoni, Brakpan, Delmas, Nigel, Springs, Vanderbijlpark and Vereeniging

High Court of Witwatersrand; Witwatersrand Local Division; South Gauteng High Court

List of Judges President

Judges President
IncumbentTenureNotes
1. Jacob de Villiers
(1868–1932)
1910 – 1920Subsequently Chief Justice of South Africa
2.Sir John Wessels
(1862–1936)
1920 – 1923Subsequently Chief Justice of South Africa
3.Sir Arthur Weir Mason
(1860–1924)
1923 – 1924Died in Office
4. John Stephen Curlewis
(1863–1940)
1924 – 1927Subsequently Chief Justice of South Africa
5. Daniël de Waal
(1873–1938)
1927 – 1937
6. Benjamin Tindall
(1879–1963)
1937 – 1938 Judge of Appeal from 1938
7. Leopold Greenberg
(1885–1964)
1938 – 1942Judge of Appeal from 1943
8. Charles Barry
(1877–1956)
1943 – 1947
9. Gerrie Maritz
(1889–1964)
1947 – 1959
10. Frans Rumpff
(1912–1992)
1959 – 1961Subsequently Chief Justice of South Africa
11. Quartus de Wet
(1899–1980)
1961 – 1969
12. P. M. Cillié
(1915–1996)
1969 – 1979Judge of Appeal from 1980
13. W. G. Boshoff
(1916–1989)
1980 – 1985Judge of Appeal from 1985
14. H. H. Moll
(1921–2003)
1985 – 1991
15. Frikkie Eloff
(1925–2017)
1991 – 1998
16. Bernard Ngoepe
(1947– )
1998 – 2012
17. Dunstan Mlambo
(c. 1960– )
2012 – present

Related Research Articles

<span class="mw-page-title-main">Provinces of South Africa</span> First-level administrative divisions of South Africa

South Africa is divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, also known as Bantustans, were reintegrated, and the four existing provinces were divided into nine. The twelfth, thirteenth and sixteenth amendments to the Constitution of South Africa changed the borders of seven of the provinces.

<span class="mw-page-title-main">Transvaal (province)</span> Former province of South Africa

The Province of the Transvaal, commonly referred to as the Transvaal, was a province of South Africa from 1910 until 1994, when a new constitution subdivided it following the end of apartheid. The name "Transvaal" refers to the province's geographical location to the north of the Vaal River. Its capital was Pretoria, which was also the country's executive capital.

<span class="mw-page-title-main">Gauteng</span> Province in South Africa

Gauteng is one of the nine provinces of South Africa. The name in Sotho-Tswana languages means 'place of gold'.

<span class="mw-page-title-main">High Court of South Africa</span> Superior court of law in South Africa

The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts.

<span class="mw-page-title-main">Law of South Africa</span> Legal system of the Republic of South Africa

South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans. These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1997 its replacement, the final Constitution, another strand has been added to this weave.

Quartus de Wet was a South African judge who served as Judge President of the Transvaal Provincial Division of the Supreme Court of South Africa.

The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1997. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was the highest appellate court in the country.

<span class="mw-page-title-main">Courts of South Africa</span>

The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.

The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Port Elizabeth, East London, Bhisho and Mthatha. As of November 2017 the Judge President of the division is Selby Mbenenge.

<span class="mw-page-title-main">KwaZulu-Natal Division</span>

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province. As of August 2013 the Judge President of the division is Chiman Patel.

The North West Division of the High Court of South Africa is a superior court of law with general jurisdiction over the western part of North West province of South Africa. The division sits at Mahikeng.

The Limpopo Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Limpopo province of South Africa. The main seat of the court in Polokwane opened on 25 January 2016. The court also has local seats at Thohoyandou and Lephalale. Before the opening of the division, the Gauteng Division at Pretoria had jurisdiction over Limpopo and circuit courts sat at Polokwane.

<span class="mw-page-title-main">Government of Gauteng</span> Government of Gauteng province in South Africa

The government of Gauteng province in South Africa consists of a unicameral legislature elected by proportional representation, and an executive branch headed by a Premier who is elected by the legislature.

Sir Johannes (John) Wilhelmus Wessels (1862–1936) was an Afrikaner judge of the Appellate Division from 1923 to 1936 and Chief Justice of South Africa from 1932 to 1936.

Frans Lourens Herman Rumpff, was the Chief Justice of South Africa from 1974 to 1982.

Benjamin Arthur Tindall KC was a South African judge who served as Judge President of the Transvaal Provincial Division of the Supreme Court of South Africa and Judge op Appeal.

Leopold Greenberg KC was a South African judge who served as Judge President of the Transvaal Provincial Division of the Supreme Court of South Africa and Judge of Appeal.

Wessel Groenewald Boshoff QC was a South African judge, Judge President of the Transvaal Provincial Division of the Supreme Court of South Africa and Judge of Appeal.

Petrus Malan Cillié QC was a South African jurist, Judge President of the Transvaal Provincial Division of the Supreme Court of South Africa and Judge op Appeal.

References

  1. "Zuma appoints judges to high courts". Mail & Guardian. 24 May 2012. Retrieved 25 February 2014.
  2. Ellis, Pat (April 2010). "A short history of the North and South Gauteng High Courts" (PDF). Advocate. General Council of the Bar of South Africa. 23 (1): 48–49. Retrieved 25 December 2011.
  3. van Zyl, Dirk (April 2010). "More on the South Gauteng High Court" (PDF). Advocate. General Council of the Bar of South Africa. 23 (1): 49–50. Retrieved 25 December 2011.
  4. "Determination of areas under the Jurisdiction of Divisions of the High Court of South Africa" (PDF). gov.za.