Page:Superior Courts Act 2013.pdf/5



(2) The Deputy Chief Justice must—

exercise such powers or perform such functions of the Chief Justice in terms of this or any other law as the Chief Justice may assign to him or her; and

in the absence of the Chief Justice, or if the office of Chief Justice is vacant, exercise the powers or perform the functions of the Chief Justice, as Acting Chief Justice.

Constitution and seat of Supreme Court of Appeal

5. (1) (a) The Supreme Court of Appeal consists of—

the President of the Supreme Court of Appeal;

the Deputy President of the Supreme Court of Appeal; and

so many other judges as may be determined in accordance with the prescribed criteria, and approved by the President.

(b) Subject to section 9(1), the seat of the Supreme Court of Appeal is in Bloemfontein, but whenever it appears to the President of the Supreme Court of Appeal that it is expedient or in the interests of justice to hold its sitting for the hearing of any matter at a place elsewhere than at the seat of the Court, it may hold such sitting at that place.

(2) The Deputy President of the Supreme Court of Appeal must—

exercise such powers or perform such functions of the President of the Supreme Court of Appeal in terms of this or any other law as the latter may assign to him or her; and

in the absence of the President of the Supreme Court of Appeal, or if the office of President of the Supreme Court of Appeal is vacant, perform the functions of the President of the Supreme Court of Appeal, as Acting President of the Supreme Court of Appeal.

Constitution of High Court of South Africa

6. (1) The High Court of South Africa consists of the following Divisions:

Eastern Cape Division, with its main seat in Grahamstown.

Free State Division, with its main seat in Bloemfontein.

Gauteng Division, with its main seat in Pretoria.

KwaZulu-Natal Division, with its main seat in Pietermaritzburg.

Limpopo Division, with its main seat in Polokwane.

Mpumalanga Division, with its main seat in Nelspruit.

Northern Cape Division, with its main seat in Kimberley.

North West Division, with its main seat in Mahikeng.

Western Cape Division, with its main seat in Cape Town.

(2) Each Division of the High Court consists of—

a Judge President and one or more Deputy Judges President, as determined by the President, each with specified headquarters within the area under the jurisdiction of that Division; and

so many other judges as may be determined in accordance with the prescribed criteria, and approved by the President.

(3) (a) The Minister must, after consultation with the Judicial Service Commission, by notice in the Gazette, determine the area under the jurisdiction of a Division, and may in the same manner amend or withdraw such a notice.

(b) The area under the jurisdiction of a Division may comprise any part of one or more provinces.

(c) The Minister may, after consultation with the Judicial Service Commission, by notice in the Gazette establish one or more local seats for a Division, in addition to the main seats referred to in subsection (1), and determine the area under the jurisdiction of such a local seat, and may in the same manner amend or withdraw such a notice.

(d) The publication of a notice referred to in paragraph (a) or (c) does not affect any proceedings which are pending at the time of such publication.

(4) If a Division has one or more local seats—

the main seat of that Division has concurrent appeal jurisdiction over the area of jurisdiction of any local seat of that Division, and the Judge President of the Division may direct that an appeal against a decision of a single judge or of a