Justibly

High Courts

The High Court of South Africa is a single national court divided into nine geographic divisions under section 6 of the Superior Courts Act 10 of 2013, one per province, several of which sit at both a main seat and one or more local seats. Each division has general jurisdiction over civil and criminal matters within its area, including matters beyond a Magistrate's Court's monetary or sentencing limits, divorce actions, deceased estates disputes, company liquidations, and constitutional challenges to provincial legislation.

High Courts hear both first-instance trials and appeals from Magistrate's Courts within their area. A single judge typically hears a trial or application; appeals and matters of particular complexity are heard by a full bench of two or three judges. Legal representation is not compulsory but is strongly advisable given the procedural formality and the value or complexity of most matters that reach this level.

Frequently asked questions

When does a matter go to the High Court instead of a Magistrate's Court?

When the amount claimed or the relief sought exceeds a Magistrate's Court's jurisdiction, when the matter is a divorce, deceased estate, or company matter, or when the offence charged is too serious for a Magistrate's Court to sentence.

What is a 'local seat' versus a 'main seat'?

Each of the nine High Court divisions has one main seat and, in several provinces, one or more additional local seats that hear matters arising within a defined part of the province - both are the same division of the High Court, just sitting in different registries.