Minister of Justice and Constitutional Development Mmamoloko Kubayi has announced cabinet-approved court rationalisation plans to fix apartheid-era boundaries, creating new High Court seats and increasing judicial posts by 20% to bring justice closer to communities.
The minister and deputy minister Andries Nel briefed the nation on Tuesday afternoon about the implementation of the rationalisation report. The briefing followed the finalisation and tabling of the reports by the rationalisation committee, led by former chief justice Dikgang Moseneke.
Kubayi says apartheid-era system forces poor to travel far
Kubayi said rationalisation is important because the inherited court system from the pre-democratic era continues to impede access to justice, particularly for remote communities and defunct homelands.
“These communities are frequently forced to travel long distances, at a huge cost, to access courts,” the minister said.
She said it is necessary to create a judicial system that aligns with the constitutional requirements and facilitates access to justice, especially for the poor and vulnerable.
The rationalisation process involves redefining magisterial districts and divisions of the High Court to improve access to justice.
The department of justice and constitutional development began implementing the rationalisation of magisterial districts in Gauteng and North West in 2014; Limpopo and Mpumalanga in 2016; the Northern Cape in 2018; and the remaining four provinces of the Eastern Cape, Free State, KwaZulu-Natal, and Western Cape in 2022.
In June 2021, then minister Ronald Lamola established the rationalisation committee, chaired by Moseneke, to rationalise the areas under the jurisdiction of the High Court divisions.
Rationalisation committee
The committee received submissions from the department, the Office of the Chief Justice, all the divisions of the High Court, the Magistrates Commission, the National Prosecuting Authority (NPA), Legal Aid South Africa, and the Legal Practice Council. The committee completed its work in two phases, each with its own set of recommendations.
The first-phase report, submitted on 15 July 2023, recommended defining magisterial districts and sub-districts for each High Court main and local seat’s jurisdiction.
The report proposed establishing new local seats: the Gauteng Division at Palm Ridge, the Free State Division at Welkom, the North West Division at Rustenburg, the Northern Cape Division at Upington, and the Western Cape Division at Thembalethu.
It also recommended relocating the Eastern Cape High Court seat from Makhanda to Bhisho.
Phase two of the rationalisation process, completed on 20 August 2025, focused on the rationalisation of judicial establishments to ensure the fair distribution of judicial posts.
The recommendations include a 20% increase in judicial appointments, a review of guidelines for acting judges, and the potential abolition of recess periods for judges.
Watch the minister’s briefing here:
Cabinet approves committee report and gives go-ahead on implementation
Minister Kubayi announced that the cabinet has approved the committee report and given the department a go-ahead to proceed with implementation.
“After 30 years of our constitutional democracy, the rationalisation of the courts is long overdue,” Kubayi said. She added that the implementation will happen in two phases.
The minister said phase 1 will implement magisterial district and sub-district jurisdiction recommendations for High Court main and local seats to enhance access to justice.
She said gazetting the use of existing infrastructure for local seats begins on 1 July 2026, making additional courts operational without new buildings.
Revised acting judges’ appointment guidelines, signed by the Chief Justice, will be gazetted and also take effect from 1 July.
Kubayi added that a process with Treasury and the Chief Justice’s office has begun to implement the 20% increase in judicial posts, as recommended in the phase 2 report.
Plan creates local seats in Palm Ridge, Welkom, Rustenburg, Upington and Thembalethu
The minister said phase two of implementation involves a phased roll-out of new local seats by building new courts and expanding existing magistrate’s courts to improve access.
The planned additional seats include Gauteng at Palm Ridge, Free State at Welkom, North West at Rustenburg, Northern Cape at Upington, and the Western Cape at Thembalethu.
After consulting with Gauteng Judge President Aubrey Ledwaba and stakeholders, Kubayi said steps have begun to establish a Kempton Park court next to OR Tambo International Airport.
“Though this initiative is not part of the recommendations of the rationalisation committee, we believe that the circumstances, especially regarding immigration, demand that we act swiftly to create the necessary infrastructure and justice systems to attend to this important matter,” she said.
The recommendation to relocate the Eastern Cape Division’s seat will be considered after consultations with key stakeholders in the province.
Kubayi added that the executive will not pronounce on the recess of judges, as it falls within the mandate of the Chief Justice.
Ensuring access to justice for all
The minister concluded by emphasising the need to intensify efforts to achieve the constitutional imperative of rationalising magisterial divisions and divisions of the High Court.
“As we move with the consolidation of court administration and judicial governance, merging magistrates and judges into a single judiciary to enhance independence, we must also ensure that access to justice for all remains at the centre of our efforts,” she said.
