| Western Cape High Court, Cape Town | |
|---|---|
| Wes-Kaap Hoë Hof, Kaapstad iNkundla ePhakamileyo yeNtshona-Koloni, eKapa |
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| Established | 1 January 1828 (Supreme Court of the Cape Colony) |
| Jurisdiction | Western Cape, South Africa |
| Location | Cape Town |
| Composition method | Presidential appointment on the advice of the Judicial Service Commission |
| Authorized by | Chp. 8 of the Constitution; Supreme Court Act, 1959 |
| Decisions are appealed to | Supreme Court of Appeal or Constitutional Court |
| Number of positions | 31 |
| Judge President | |
| Currently | John Hlophe |
| Since | 2000 |
The Western Cape High Court, Cape Town (formerly the Cape Provincial Division and commonly known as the Cape High Court) is one of the High Courts of South Africa. Located in central Cape Town, it has general jurisdiction over the Western Cape province. The court consists of 31 judges, led by Judge President John Hlophe.
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The origins of the Western Cape High Court lie in the Supreme Court of the Colony of the Cape of Good Hope, which was established on 1 January 1828[1] as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827.[2] Upon the creation of the Union of South Africa in 1910, the Supreme Court of the Cape Colony was transformed by the South Africa Act 1909 into the Cape of Good Hope Provincial Division of the new Supreme Court of South Africa.
Originally the Cape Division had jurisdiction over the whole of the Cape 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 a Provincial Division, and in 1969 the Griqualand West division was similarly elevated, becoming the Northern Cape Provincial Division.[3] Upon elevation these divisions became independent from the Cape Division.
When the final Constitution of South Africa came into force in 1997, the Cape of Good Hope Division of the Supreme Court became the Cape of Good Hope Division of the High Court of South Africa. In 2003, in terms of the Interim 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 the Western Cape province.[4] The Renaming of High Courts Act, 2008 renamed it to the "Western Cape High Court, Cape Town".[5]
The Western Cape High Court has a complement of 31 judges. As of 2011[update] the judges are:[6]
There is currently one vacant seat on the Bench.
Outside of the Cape Town metropolitan area, the province is divided into circuits, and judges of the High Court travel at least twice a year to hear cases in these circuits. Each circuit court hears cases from a group of magistrate's districts, and sits at one or more of the towns in the circuit.[7]
| Circuit | Districts | Sits at |
|---|---|---|
| Cape | Stellenbosch, Somerset West, Strand, Paarl, Wellington | Stellenbosch, Paarl |
| Southern | Caledon, Hermanus, Robertson, Montagu, Swellendam, Bredasdorp, Heidelberg, Riversdale | Swellendam |
| Eastern | Ladismith, Calitzdorp, Oudtshoorn, Mossel Bay, George, Knysna, Uniondale | George, Mossel Bay, Knysna, Oudtshoorn |
| Northern | Worcester, Tulbagh, Ceres, Laingsburg, Beaufort West, Prince Albert | Worcester, Beaufort West |
| Western | Malmesbury, Piketberg, Clanwilliam, Vredendal, Vanrhynsdorp, Hopefield and Vredenburg | Vredendal, Vanrhysdorp |
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