Apartheid-era names for courts such as the Transvaal Provincial Division of the High Court and the High Court of Bophuthatswana ceased to exist last week, the Department of Justice confirmed on Monday.
Justice Ministry spokesperson Zolile Nqayi said the name changes came into effect on March 1 when President Kgalema Motlanthe signed the Renaming of High Courts Act.
”Some of our courts continue to be referred to by names of the defunct self-governing states and former provinces as they were known under the apartheid regime,” Nqayi said.
”In terms of this legislation, reference to Transvaal, Bophuthatswana, Venda and Ciskei will be replaced by the names of the provinces where the courts are situated.”
According to the Act, there would now be a division of the High Court in each of the nine provinces with a name matching that of the province. Some provinces, however, would have more than one seat.
The Transvaal Provincial Division, which previously included the Pretoria and Johannesburg high courts, was one of those that would be divided. The North Gauteng High Court would be seated in Pretoria and the South Gauteng High Court in Johannesburg.
The High Courts in Bisho, Grahamstown, Mthatha and Port Elizabeth would fall under the Eastern Cape High Court.
The Pietermaritzburg and Durban high courts would become known as the KwaZulu-Natal High Court. The North West High Court had its seat in Mafikeng.
The Venda High Court in Thohoyandou would be referred to as Limpopo High Court. The court in Kimberley would be renamed Northern Cape High Court.
The Cape High Court in Cape Town would be known as the Western Cape High Court. The Bloemfontein High Court would be known as the Free State High Court.
The still to be passed Superior Courts Bill will allow for one High Court seat per province, with the others serving as local divisions of the High Court, Nqayi said.
”Due to the complexity of the rationalisation process, the process has taken some time to get to where we are,” Nqayi said.
”The name change has to be consistent with the areas of jurisdiction of the courts as dictated by the Constitution.”
Legal experts have praised the Act, saying it would bring South Africa’s courts in line with the democratic dispensation.
Deneys Reitz Attorneys said the new law would have an effect on commercial agreements.
”Frequently commercial agreements describe the court in which the proceedings will take place and the new names or the seat of court will have to be used,” the firm said in a statement on its website.
High courts generally only hear civil matters exceeding R100 000 and serious criminal cases. They have jurisdiction over certain other matters, such as sequestrations and matters that involve a person’s status, such as adoption and insolvency.
They also hear any appeals or reviews from lower courts which fall in their geographical jurisdiction.
Nqayi said the department was looking at legislation to extend civil jurisdiction to regional courts.
He said the purpose of this legislation was to transform the ”black divorce courts” or apartheid-era courts that deal with customary divorces.
Nqayi said people continued have their dignity and self worth undermined by these courts.
”Regardless of where people stay they have to travel to remote courts in most instances outside their own provinces to seek divorce or solution to legal solution to family law related matter, including custodial and guardianship of children.
”This legislation will redress the anomaly.” — Sapa