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High Court of South Africa

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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.

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20-518: The court and its divisions are constituted in their current form by the Superior Courts Act, 2013 . They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Each division is headed by

40-535: A Judge President and Deputy Judge President. The registrar keeps all the official court documents. The family advocate must be consulted on all matters involving children, as the High Court is the "upper guardian" of all children in South Africa. The Master of the High Court keeps all the records relating to people's estates (whether they are deceased or insolvent). The Sheriff delivers certain documents to

60-627: A correction of spelling of Bisho to Bhisho in their government notice No. 830 of Gazette No. 26552 on 16 July 2004. Bhisho's major structures include the Eastern Cape government offices (including office of the Premier), a branch of the University of Fort Hare, Bhisho Hospital, Bisho massacre Memorial, Bhisho Stadium and an SABC radio station known as trufm. Bhisho is dependent on the nearby King Williams Town and East London. The majority of

80-610: Is the capital of the Eastern Cape province in South Africa. The Office of the Premier, Provincial Legislature and many other government departments are headquartered in the town. The town, three kilometres from Qonce and 70 kilometres from East London , is also part of Buffalo City . Bhisho derives its name from the Xhosa word for buffalo , which is also the name of the river ( Buffalo River ) that runs through this town. Bhisho

100-453: The Bisho massacre , when about 80–100,000 people marched on Bisho calling for the dismantling of Ciskei, which still maintained a measure of independence, and removal of the homeland's leader Brigadier Oupa Gqozo . The Ciskei Defence Force opened fire, shooting dead 28 or 29 people, and wounding 100. The massacre came at a critical time when negotiations towards democracy were underway. Bisho

120-538: The National Council of Provinces on 14 May 2013. It was signed into law by President Jacob Zuma on 12 August 2013, and brought into force by presidential proclamation on 23 August. The act restructured the High Courts into Divisions of a single High Court as described in the following table. In each division, if there was more than one existing court, one became the main seat with jurisdiction over

140-615: The court system . It reorganised the various High Courts into a single High Court of South Africa , with a division situated in each province , including two new divisions to serve Limpopo and Mpumalanga . It rationalised and consolidated the laws governing the superior courts (the Constitutional Court , the Supreme Court of Appeal and the High Court), and altered the administration and financial management of

160-531: The "Renaming of High Courts Act" were passed to allow the High Courts to be renamed and their areas of jurisdiction to be altered. The Superior Courts Bill was reintroduced in 2010, but this new version made the Chief Justice , rather than the Minister of Justice, responsible for the administration of the courts, allaying the fears about judicial independence. The new version of the bill was supported by

180-640: The Cape to the Transkei and Natal has been described as the result of the Ciskei government wanting to place an "economic stranglehold" upon the white community of King William's Town who united across political lines against incorporation into the homeland, in the face of a 1979 recommendation by the South African government. In 1983, at the height Ciskei government, Bisho signed a sister-city agreement with

200-506: The court; the main seat has jurisdiction over the whole province, while the local seats have concurrent jurisdiction over some part of the province. The divisions are: Circuit Courts are also part of the High Court. They sit at least twice a year, moving around to serve more rural areas. Superior Courts Act, 2013 The Superior Courts Act, 2013 (Act No. 10 of 2013) is an act of the Parliament of South Africa that restructured

220-569: The courts. The act was signed into law on 12 August 2013, and came into force on 23 August. It is associated with the Constitution Seventeenth Amendment Act of 2012 , which makes corresponding necessary changes to the Constitution . Transitional provisions in the 1996 Constitution require that the court system be rationalised to suit the new constitution "as soon as practical". The Superior Courts Bill

SECTION 10

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240-404: The native name for King William's Town. When the bantustan of Ciskei was nominally granted independence in 1981, although this was never recognised outside South Africa, Bisho served as its capital city. During the early 1980s under the leadership of Lennox Sebe, Bisho underwent a period of intense development. Its location six kilometres north of King William's Town on the main road linking

260-602: The official opposition Democratic Alliance . The bill did encounter substantial opposition from interested parties in Grahamstown , because it originally proposed that the main seat of the Eastern Cape Division should be moved to Bhisho ; this change was ultimately reversed and the main seat will remain at Grahamstown. The bill was passed by the National Assembly on 22 November 2012 and by

280-545: The parties in a civil case, and also attaches property when a warrant is issued. The Director of Public Prosecutions, who used to be called the Attorney-General, is responsible for criminal prosecutions by the state. The State Attorney is the lawyer who represents the state in civil actions (where the state is suing or being sued). The Superior Courts Act, 2013 , divides the High Court into nine divisions, one for each province . Some divisions have multiple seats of

300-540: The settlement of Ariel in the Israeli-occupied West Bank . This saw the construction of two hospitals (one on a floodplain) including Bisho Hospital and up to 10 firms around the capital by Israeli entrepreneurs and technicians. In 1985, when Bisho ended its relationship with the West Bank, there were 200 Israelis in the Ciskei. On 7 September 1992, Bisho became the scene of what is known as

320-482: The town's population who are employed are public service workers. The town of Bhisho is surrounded by residential areas; Bhisho Central, Tyutyu North, Bhisho Gardens, Tyutyu Location/Central, Balasi and Amatola View.Schools being Bisho High School, Bisho Primary School, Sinako Primary School, Zameka High School and Tyutyu Primary School Köppen-Geiger climate classification system classifies Bhisho's climate as cool semi-arid ( BSk ), although it borders closely on both

340-571: The whole province, and the others became local seats with jurisdiction over a restricted area. The Gauteng Division at Pretoria was to also serve as the Limpopo and Mpumalanga Divisions until the new courts are opened at Polokwane and Mbombela (Nelspruit). The Limpopo Division at Polokwane was opened on 25 January 2016, and the Mpumalanga Division at Mbombela was established on 13 May 2019. Bhisho Bhisho , formerly Bisho ,

360-501: Was first introduced in 2003, but it was opposed by members of the judiciary and the legal profession, as well as by opposition politicians, because they claimed that it weakened the independence of the judiciary by putting the administration of the courts under the control of the Minister of Justice . The bill was ultimately allowed to lapse in 2009. In the meantime, the "Interim Rationalisation of Jurisdiction of High Courts Act" and

380-581: Was named after the song by Ben Tyazashe, who wrote of his longing for his home, Bisho, his name for King William's Town however, it has also been claimed that the name was invented by Ciskei leader Lennox Sebe , after his unsuccessful bid to incorporate King William's Town into Ciskei, as Qonce (the Xhosa version of the Khoikhoi name for the Buffalo River; it means “buffalo”) was already used as

400-469: Was reincorporated into South Africa on 12 August 1994, following the first democratic elections in the country in April the same year . In October 1994, the then Eastern Cape Premier Raymond Mhlaba announced that Bisho had been selected as the capital city of the Eastern Cape due to its infrastructure, accessibility to major roads and space for further development. The department of Arts and Culture published

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