By Luvuyo Mjekula
On Thursday, the Democratic Alliance called on the Eastern Cape Legislature to debate the proposed relocation of the main seat of the Eastern Cape Division of the High Court from Makhanda to Bhisho. This follows recommendations by the Committee on the Rationalisation of areas under the jurisdiction of the Division of the High Court of South Africa and Judicial Establishments.
Grocott’s Mail reported a couple of years ago that a committee set up to ‘rationalise’ areas under the jurisdiction of South Africa’s high courts had recommended that the main seat of the Eastern Cape High Court, currently in Makhanda, be moved to Bhisho.
Local lawyers warned that this would limit the area of jurisdiction of the Makhanda division, drastically reducing the amount of work coming to the local court.
A similar proposal to move the main seat of the Eastern Cape High Court to Bhisho was made in 2009, but Makhanda waged a successful two-year battle against it. The campaign united the city with local government, schools, lawyers, NGOs and 10 000 diverse signatories to a petition protesting the move.
The interim report of the ‘Committee on the Rationalisation of Areas Under the Jurisdiction of the Divisions of the High Court of South Africa and Judicial Establishment’ argued that “ordinarily, the main seat of a provincial division of the High Court is located in the capital of the province”.
“Bhisho is the provincial capital of the Eastern Cape. It follows that in the Eastern Cape, too, the same situation should prevail,” the interim report argued.
A local attorney said then, they expected an official gazette would be published.
This week, the DA in the province said the proposed changes could alter the jurisdictional landscape of the Eastern Cape, but not without far-reaching implications.
“An estimated 10,000 people stand to lose their jobs, which, in a province with the highest unemployment rate in the country, we cannot afford to lose,” DA leader in the Legislature, Vicky Knoetze, said in a statement.
She said Makhanda, which has built a robust employment network within the legal sector and other related industries, faces the risk of significant economic decline. “The ripple effects of such a move could extend beyond job losses, affecting the socio-economic fabric of the community and undermining the economic stability of the Makana Local Municipality.”
Knoetze said the DA’s motion urges the Eastern Cape Provincial Legislature to thoroughly debate the feasibility, viability, and practicability of the proposed move.
Key considerations include the potential disruption to established employment networks, the broader economic impact on Makhanda, the socio-economic consequences, and the degree of public participation in the decision-making process, she said.
Additionally, said Knoetze, the motion calls for a careful assessment of Bhisho’s infrastructure readiness and the projected costs associated with relocating the High Court.
“We are calling on the Legislature to ensure that the best interests of all the province’s residents are considered. The debate is poised to address whether the benefits of relocating the High Court justify the significant economic and social costs that Makhanda and its residents may face.
“The DA will continue to fight for the people of the Eastern Cape, and will stand up for the people of Makhanda, to ensure that the decision made is in the best interest of all Eastern Cape residents and that we safeguard employment and economic stability in our province.”
