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Western Cape Province High Court, Cape Town

Registrar of the Supreme Court, Cape Town

  • CSC
  • Governmental body
  • 1828 - 1981

The Supreme Court of the Colony of the Cape of Good Hope was established on 1 January 1828 as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827. Thereby a Court of Record was constituted originally consisting of a Chief Justice and two puisne judges with jurisdiction in all cases, civil, criminal or mixed. A Registrar was appointed to keep the records of the court, inter alia, recording judgments, file petitions, declarations, applications, admissions of advocates, attorneys, sworn translators, etc.

In September 1909 the South Africa Act created a Supreme Court for the whole of South Africa consisting of an Appellate Division, a Provincial Division for each of the four provinces and a number of local divisions. The Supreme Court of the Cape Colony was thereby transformed into the Cape of Good Hope Provincial Division of the new Supreme Court of South Africa. Originally the Cape Division had jurisdiction over the whole of the Cape Province, although concurrently with the Eastern Cape (Grahamstown) and Griqualand West (Kimberley) Local Divisions in their areas of jurisdiction. However, in 1957 the Eastern Cape division was elevated to the status of a provincial division, and in 1969 the Griqualand West division was similarly elevated, becoming the Northern Cape Division. Upon elevation these divisions became independent from the Cape Division.

When the final Constitution of South Africa came into force in 1997, the Cape of Good Hope Division of the Supreme Court became a High Court. In 2003, in terms of the Interim Rationalisation of Jurisdiction of High Courts Act, 2001, the area of jurisdiction of the Cape High Court was modified to coincide with the boundaries of the Western Cape province. The Renaming of High Courts Act, 2008 renamed it to the "Western Cape High Court, Cape Town". In 2013, in the restructuring brought about by the Superior Courts Act, it became the Western Cape Division of the High Court of South Africa.