Renaming of High Courts Act 30 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 521 Cape Town 24 November 2008 No. 31636
THE PRESIDENCY No. 1261 24 November 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 30 of 2008: Renaming of High Courts Act, 2008.

ACT To m a k e provis ion for the renaming of the High Courts of the Republ ic; and to provide for matters connected therewith.
P R E A M B L E
W H E R E A S item 16(6)(a) of Schedule 6 to the Consti tut ion of the Republ ic of South Africa, 1996. provides that as soon as practical after the new Consti tut ion took effect, all courts, including their structure, composi t ion, functioning and jur isdict ion, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the new Consti tut ion;
A N D W H E R E A S item 16(4)(a) of Schedule 6 to the Consti tut ion provides that 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 Consti tution without any alteration in its area of jurisdiction, subject to any rationalisation contemplated in item 16(6) of Schedule 6 to the Const i tu t ion;
A N D W H E R E A S the rationalisation process envisaged in item 16(6) of Schedule 6 to the Consti tution is a comprehens ive and ongoing process and is to be based on a policy framework which is still being finalised in conjunction with all relevant role-players ;
A N D W H E R E A S the enactment and implementat ion of legislation emanat ing from this policy framework will require more time before the rationalisation process is brought to its conclusion;
A N D W H E R E A S it is undesirable to retain and use the names of certain High Cour ts , some of which still reflect their apartheid origins;
A N D W H E R E A S there may be uncertainty as to the names of the High Cour ts , it is necessary to facilitate certainty and uniformity as to the names of all High Cour t s .
BE IT T H E R E F O R E E N A C T E D by the Parliament of the Republ ic of South Africa, as fol lows:— Change of n a m e s of High Courts
1. Notwi ths tanding the provisions of the Supreme Court Act , 1959 (Act No. 59 of 1959), or any other law, but subject to an Act of Parl iament giving effect to the rationalisation contemplated in item 16(6)(a) of Schedule 6 to the Const i tut ion, the High Courts seated in the places mentioned in the first column of the table hereunder , shall be known by the names set out in the second column of the said table:
Act No. 30, 2008 RENAMING OF HIGH COURTS ACT. 2008
T A B L E
SEAT O F H I G H C O U R T N A M E O F H I G H C O U R T
Bhisho Eastern Cape High Court , Bhisho
Bloemfontein Free State High Court . Bloemfontein
Cape Town Western Cape High Court , Cape Town
Durban KwaZulu-Natal High Court , Durban
Grahamstown Eastern Cape High Court , Grahams town
Johannesburg South Gauteng High Court . Johannesburg
Kimberley Northern Cape High Court . Kimberley
Mafikensi North West High Court , Mafikeng
Mthatha Eastern Cape High Court , Mthatha
Pietermari tzburg KwaZulu-Nata l High Court , Pietermari tzburg
Port Elizabelh Eastern Cape High Court , Port Elizabeth
Pretoria North Gauteng High Court . Pretoria
Thohovandou L impopo High Court , Thohoyandou
Short title and c o m m e n c e m e n t
2. This Act is called the Renaming of High Courts Act , 2008 . and comes into operation on a date fixed by the President by proclamation in the Gazette.