Constitution of the Republic of South Africa, 1996/2001-11-21/Schedule 6

Courts

Every court, including courts of traditional leaders, existing when the new Constitution took effect, continues to function and to exercise jurisdiction in terms of the legislation applicable to it, and anyone holding office as a judicial officer continues to hold office in terms of the legislation applicable to that office, subject to —

any amendment or repeal of that legislation; and consistency with the new Constitution.

The Constitutional Court established by the previous Constitution becomes the Constitutional Court under the new Constitution. …

The Appellate Division of the Supreme Court of South Africa becomes the Supreme Court of Appeal under the new Constitution. …

A provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or a general division of such a court, becomes a High Court under the new Constitution without any alteration in its area of jurisdiction, subject to any rationalisation contemplated in subitem (6). Anyone holding office or deemed to hold office as the Judge President, the Deputy Judge President or a judge of a court referred to in paragraph (a) when the new Constitution takes effect, becomes the Judge President, the Deputy Judge President or a judge of such a court under the new Constitution, subject to any rationalisation contemplated in subitem (6).

Unless inconsistent with the context or clearly inappropriate, a reference in any legislation or process to —

the Constitutional Court under the previous Constitution, must be construed as a reference to the Constitutional Court under the new Constitution; the Appellate Division of the Supreme Court of South Africa, must be construed as a reference to the Supreme Court of Appeal; and a provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or general division of that court, must be construed as a reference to a High Court.

As soon as is practical after the new Constitution took effect all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the new Constitution. The Cabinet member responsible for the administration of justice, acting after consultation with the Judicial Service Commission, must manage the rationalisation envisaged in paragraph (a).

Anyone holding office, when the Constitution of the Republic of South Africa Amendment Act, 2001, takes effect, as —

the President of the Constitutional Court, becomes the Chief Justice as contemplated in section 167(1) of the new Constitution; the Deputy President of the Constitutional Court, becomes the Deputy Chief Justice as contemplated in section 167(1) of the new Constitution; the Chief Justice, becomes the President of the Supreme Court of Appeal as contemplated in section 168(1) of the new Constitution; and the Deputy Chief Justice, becomes the Deputy President of the Supreme Court of Appeal as contemplated in section 168(1) of the new Constitution.

All rules, regulations or directions made by the President of the Constitutional Court or the Chief Justice in force immediately before the Constitution of the Republic of South Africa Amendment Act, 2001, takes effect, continue in force until repealed or amended. Unless inconsistent with the context or clearly inappropriate, a reference in any law or process to the Chief Justice or to the President of the Constitutional Court, must be construed as a reference to the Chief Justice as contemplated in section 167(1) of the new Constitution.