This is an UNCERTIFIED COPY for information/reference. For authentic copy, please refer to certified copy only. In case of any mistake, please bring it to our notice.
Renaming of High Courts Act, No. 30 of 2008
EXPLANATION OF MARKS:[Non-bold grey text in square brackets] is text containing LegalB’s references or comments
Grey text outside of square brackets is text that has to be verified
Two asterisks thus ** indicates text must only be read in the light of our commentary on this legislation
To make provision for the renaming of the High Courts of the Republic; and to provide for matters connected therewith.
[Act 2008_030_000_20081124 Long title unamended wef 2009/03/01 ito GG20090223_31948]
WHEREAS item 16(6)(a) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, provides that as soon as 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;
AND WHEREAS item 16(4)(a) of Schedule 6 to the Constitution 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 Constitution without any alteration in its area of jurisdiction, subject to any rationalisation contemplated in item 16(6) of Schedule 6 to the Constitution;
AND WHEREAS the rationalisation process envisaged in item 16(6) of Schedule 6 to the Constitution is a comprehensive and ongoing process and is to be based on a policy framework which is still being finalised in conjunction with all relevant role-players;
AND WHEREAS the enactment and implementation of legislation emanating from this policy framework will require more time before the rationalisation process is brought to its conclusion;
AND WHEREAS it is undesirable to retain and use the names of certain High Courts, some of which still reflect their apartheid origins;
AND WHEREAS there may be uncertainty as to the names of the High Courts, it is necessary to facilitate certainty and uniformity as to the names of all High Courts.
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:-
[Act 2008_030_000_20081124 Preamble unamended wef 2009/03/01ito GG20090223_31948]
1. Change of names of High Courts
Notwithstanding the provisions of the Supreme Court Act, 1959 (Act No. 59 of 1959), or any other law, but subject to an Act of Parliament giving effect to the rationalisation contemplated in item 16(6)(a) of Schedule 6 to the Constitution, 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 2008_030_001_20081124 unamended wef 2009/03/01 ito GG20090223_31948]
2. Short title and commencement
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.
[Act 2008_030_002_20081124 unamended wef 2009/03/01 ito GG20090223_31948]