Western Cape High Court

The origins of the Western Cape Division lie in the Supreme Court of the Colony of the Cape of Good Hope, which was established on 1 January 1828^[3] 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.^[4] 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.

In 1910 the Cape Provincial Division (CPD) had jurisdiction over the whole of the Cape Province. The Eastern Districts Local Division at Grahamstown shared concurrent jurisdiction over the eastern parts of the province, while the Griqualand West Local Division at Kimberley shared concurrent jurisdiction over the northern parts. In 1957 the Grahamstown court was renamed the Eastern Cape Division and elevated to the status of a provincial division independent of the CPD. In 1969 the Kimberley court was similarly elevated as the Northern Cape Division.^[5]

When the final Constitution 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 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.^[6] The Renaming of High Courts Act, 2008 renamed it to the "Western Cape High Court, Cape Town".^[7] In 2013, in the restructuring brought about by the Superior Courts Act, it became the Western Cape Division of the High Court of South Africa.

The Western Cape Division has a complement of 33 judges. Judges are addressed as "the Honourable Justice", or just "My Lord" or "My Lady". As of 2012^[update] the judges are:^[8]

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 into circuits. Judges of the division travel the circuits at least twice a year.^[9]

• The Western Circuit sits in Vredendal and Vanrhynsdorp, and hears cases from the West Coast.
• The Northern Circuit sits in Worcester and Beaufort West, and hears cases from the upper Breede River Valley and the Great Karoo.
• The Eastern Circuit sits in George, Mossel Bay, Knysna and Oudtshoorn, and hears cases from the Garden Route and the Little Karoo.
• The Southern Circuit sits in Swellendam and hears cases from the Overberg and the lower Breede River Valley.
• The Cape Circuit sits in Paarl and Stellenbosch, and hears only criminal cases from the Boland and the Helderberg.