North West Division of the High Court of South Africa

Last updated
North West Division of the High Court of South Africa
Established1977
Location Mahikeng
Coordinates 25°49′52″S25°36′40″E / 25.831°S 25.611°E / -25.831; 25.611 Coordinates: 25°49′52″S25°36′40″E / 25.831°S 25.611°E / -25.831; 25.611
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
Number of positions6
Judge President
Currently Monica Leeuw

The North West Division of the High Court of South Africa (previously named the Bophuthatswana Division and the North West High Court, and commonly known as the Mahikeng High Court) is a superior court of law with general jurisdiction over the western part of North West province of South Africa. (Eastern parts of the province fall within the jurisdiction of the Gauteng Division.) The division sits at Mahikeng.

Contents

History

In November 1977 a High Court was established at Mmabatho (now a suburb of Mahikeng) to take over the jurisdiction of the provincial divisions of the Supreme Court of South Africa in the bantustan of Bophuthatswana. A month later Bophuthatswana achieved nominal independence from South Africa and the High Court became the Supreme Court of Bophuthatswana. At first its decisions could be appealed to the Appellate Division of the Supreme Court of South Africa, but in 1982 a separate Appellate Division was established within the Bophuthatswana court. [1]

When Bophuthatswana was reincorporated in South Africa on 27 April 1994, the court remained in existence, but three months later the Appellate Division was abolished and its jurisdiction transferred to the South African Appellate Division. [2] When the final Constitution came into force in 1997 the remaining General Division of the Supreme Court of Bophuthatswana became one of the High Courts of South Africa. In 2001 the magisterial districts of Vryburg, Lichtenburg, Coligny, Zeerust, Groot Marico, Swartruggens, Koster, Rustenburg and Delareyville were added to its jurisdiction. It was known as the Bophuthatswana Division until 2009, when it was renamed the North West High Court by the Renaming of High Courts Act. In 2013, in the restructuring brought about by the Superior Courts Act, it became the North West Division of the High Court of South Africa.

Related Research Articles

Mahikeng Capital city of the North-West Province, South Africa

Mahikeng, still commonly known as Mafikeng and previously Mafeking, is the capital city of the North-West Province of South Africa.

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. The highest of the superior courts is the Supreme court.

The court system of Canada forms the judicial branch of government, formally known as "The Queen on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.

Supreme Court of Appeal (South Africa) National court beneath the Constitutional Court of South Africa

The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the judicial capital of South Africa.

High Court of South Africa 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.

Judiciary of Australia judiciary; system of courts that interprets and applies the law in Australia

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

Supreme court Highest court in a jurisdiction

The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

Judiciary of Pakistan

The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.

Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, each of the 58 counties in California has a superior court. The superior courts also have appellate divisions which hear appeals from decisions in cases previously heard by inferior courts.

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.

Federal Court of Malaysia Highest court of appeals in Malaysia

The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya. The court was established during Malaya's independence in 1957 and received its current name in 1994.

Courts of South Africa

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.

Western Cape Division superior court of law in the Western Cape, South Africa

The Western Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Western Cape province of South Africa. The division, which sits at Cape Town, consists of 31 judges led by Judge President John Hlophe.

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.

The Northern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Northern Cape province of South Africa. The division sits at Kimberley.

The Free State Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Free State province of South Africa. The division sits at Bloemfontein.

KwaZulu-Natal Division superior court of law in KwaZulu-Natal, South Africa

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 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.

Coloured vote constitutional crisis 1950s constitutional crisis in South Africa

The Coloured vote constitutional crisis, also known as the Coloured vote case, was a constitutional crisis that occurred in the Union of South Africa during the 1950s as the result of an attempt by the Nationalist government to remove Coloured voters in the Union's Cape Province from the common voters' rolls. It developed into a dispute between the judiciary and the other branches of government over the power of Parliament to amend an entrenched clause in the South Africa Act and the power of the Appellate Division to overturn the amendment as unconstitutional. The crisis ended when the government enlarged the Senate and altered its method of election, allowing the amendment to be successfully enacted.

Gauteng Division superior court of law in Gauteng, South Africa

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.

References

  1. Stander, John (April 2010). "North West High Court, Mafikeng (or what's in a name?)" (PDF). Advocate. General Council of the Bar of South Africa. 23 (1): 53. Retrieved 3 January 2012.
  2. Constitution of the Republic of South Africa Third Amendment Act 13 of 1994.