The Department of Justice has now published the Superior Courts Bill of 2010, and is inviting comments from the public.
The final Bill makes provision for the Seat of the Eastern Cape General Division of the High Court in Bhisho and indicates that the Minister may determine the area under the jurisdiction of any local seat.
The Department of Justice has now published the Superior Courts Bill of 2010, and is inviting comments from the public.
The final Bill makes provision for the Seat of the Eastern Cape General Division of the High Court in Bhisho and indicates that the Minister may determine the area under the jurisdiction of any local seat.
Grahamstown will be downscaled to a local seat and Section 60 of the Bill indicates that Grahamstown will continue to function as the seat of the Eastern Cape General Division until a date is determined by the Minister.
As soon as this date is determined the Master’s Office (which employs 73 people), the Director of Public Prosecutions Office (employing 60 people) and certain of the judges (estimated to be at least three or four) will relocate to Bhisho.
The medium term consequence will be an increase in jurisdiction for Bhisho which will reduce the jurisdiction of the Grahamstown High Court from 2 000 000 people to 400 000.
The new area of jurisdiction for Grahamstown will consist entirely of rural areas and will have no major cities or industrial areas in its jurisdiction.
It is anticipated that there will only be enough work for two judges. The long-term effects will be that the Registrar’s Office (employing 41 people), the Grahamstown Attorneys (employing 60 people), judges (approximately eight with support staff of eight), and advocates (around eight) will also relocate.
No valid reason has been given to date for the intended move. The Hoexter Commission, appointed by Nelson Mandela, warned that to move the Seat of the High Court would be “short of catastrophic for a large segment of the city’s community”.
All three of the previous Honourable Ministers of Justice, namely, Ministers Omar, Maduna, and Mabandla, decided not to move the Seat of the High Court.
In 2003 the judges of the Eastern Cape Division, under the chairmanship of Chief Justice Chaskalson, decided that Grahamstown should remain the seat of the High Court.
The further proposal in the Bill will restrict access to justice in that the High Court in East London will close entirely, the three general divisions of the High Court (Grahamstown, Bhisho, and Mthatha) will be reduced to one general division (Bhisho).
This has consequences for all the citizens of the province. The cost of building the infrastructure in Bhisho is estimated to be approximately R300-million.
Despite vigorous efforts on the part of the Grahamstown High Court Action Committee (GHCAC) in sending urgent letters by courier and a memorandum to approximately 50 politicians and heads of court, among others, the final Bill proposes that the seat moves to Bhisho.
The GHCAC has decided that more visible action is required by citizens of Grahamstown and all organisations, clubs, and institutions are invited to make representations to the Department of Justice.
Rhodes University and Makana Municipality have already undertaken to submit representations by 30 June. It has also been decided to collect as many signatures as part of the Save the High Court campaign.
All of Grahamstown are invited to fill in the petition and to hand completed petitions in at Pick n Pay, Postnet, Spar, and PG Glass, where demarcated bins have been placed.
