| Western Cape Division of the High Court of South Africa | |
|---|---|
 | |
 Interactive map of Western Cape Division of the High Court of South Africa | |
| 33°55′30″S18°25′4″E / 33.92500°S 18.41778°E /-33.92500; 18.41778 | |
| Established | 1 January 1828(Supreme Court of the Cape Colony) |
| Jurisdiction | Most ofWestern Cape,South Africa |
| Location | Cape Town |
| Coordinates | 33°55′30″S18°25′4″E / 33.92500°S 18.41778°E /-33.92500; 18.41778 |
| Composition method | Presidential appointment on the advice of theJudicial Service Commission |
| Authorised by | Chp. 8 of theConstitution;Superior Courts Act, 2013 |
| Appeals to | Supreme Court of Appeal orConstitutional Court |
| Number of positions | 31 |
| Judge President | |
| Currently | Nolwazi Mabindla-Boqwana |
| Since | 2023 |
| This article is part of a series on the |
| Politics of the Western Cape |
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Related topics |
TheWestern Cape Division of theHigh Court of South Africa (previously named theCape Provincial Division and theWestern Cape High Court, and commonly known as theCape High Court) is asuperiorcourt of law withgeneral jurisdiction over theWestern Cape province ofSouth Africa (except for theMurraysburg district which falls within the jurisdiction of theEastern Cape Division).[1] The division, which sits atCape Town, consists of 30 judges led by Judge PresidentNP Mabindla-Boqwana.
The origins of the Western Cape Division lie in the Supreme Court of theColony 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 theFirst Charter of Justice,letters patent issued byGeorge IV on 24 August 1827.[3] Upon the creation of theUnion of South Africa in 1910, the Supreme Court of the Cape Colony was transformed by theSouth Africa Act 1909 into the Cape of Good Hope Provincial Division of the newSupreme Court of South Africa.
Originally the Cape Division had jurisdiction over the whole of theCape 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 finalConstitution 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 theInterim 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 theWestern Cape province.[5] TheRenaming of High Courts Act, 2008 renamed it to the "Western Cape High Court, Cape Town".[6] In 2013, in the restructuring brought about by theSuperior Courts Act, it became the Western Cape Division of the High Court of South Africa.
The Western Cape Division has a complement of 30 judges. Judges are addressed as "the Honourable Justice", or just "My Lord" or "My Lady". As of 2012[update] the judges are:[7]
There are currently two vacant seats on the Bench.
The rural districts of the Western Cape, outside of the Cape Town metropolitan area, are divided intocircuits. Judges of the division travel the circuits at least twice a year.[8]
| Appellate courts |  | |
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| High Court divisions | ||
| Lower courts | ||
| Specialist courts | ||
