12/06/2026
Relocation of High Court seat on hold, for now
By Rod Amner
Justice Minister Mmamoloko Kubayi has stepped back from an immediate decision on relocating the Eastern Cape High Court’s main seat from Makhanda to Bhisho. But Cabinet has approved the broader court rationalisation programme that will substantially reduce the Makhanda court’s jurisdictional area from 1 July.
Briefing the media on Tuesday, Kubayi confirmed that Cabinet, at its meeting of 3 June, had approved the report of the Committee on the Rationalisation of Areas under the Jurisdiction of the Divisions of the High Court, chaired by retired Deputy Chief Justice Dikgang Moseneke, and had given the Department of Justice a “go-ahead to proceed with the implementation”.
The Cabinet post-meeting statement of 3 June recorded that Cabinet had been briefed on the work and “supported the implementation of the immediate recommendations of the Rationalisation Committee”.
The Minister said the implementation would proceed in two phases. Phase 1 covers the gazetting of new jurisdictional areas for the existing main and local seats of the country’s High Court divisions. The jurisdictional changes will take effect on 1 July.
The reduction of the Makhanda High Court’s territorial jurisdiction, which the MHCAC’s August 2023 memorandum estimated would shrink the court’s catchment area from 27% to about 8% of the Eastern Cape population, is part of Phase 1.
Phase 2 covers the establishment of additional local seats elsewhere in the country and the proposed relocation of the Eastern Cape Division’s main seat from Makhanda to Bhisho. Phase 2 will follow a “phased-in approach”, the Minister said.
On the Makhanda seat specifically, Kubayi said: “The recommendation to relocate the seat of the Eastern Cape Division from Makhanda to Bhisho, which is part of phase 2, will be considered after consultations with key stakeholders in the Eastern Cape Province, which will be led by the Minister.” She has tasked her Deputy Minister, Andries Nel, with leading the consultations, which she said she expected to begin within the next month.
The Makhanda High Court Action Committee (MHCAC), which last month appealed to President Cyril Ramaphosa to halt the seat relocation, welcomed the announcement. In a statement issued on Tuesday, the committee said it was “particularly encouraged by the Minister’s indication that she will engage meaningfully with stakeholders before any final decision is taken” and described the consultation as “a prudent and necessary step, given the far-reaching implications such a move would have”.
The committee said it would present the Minister with what it called a “detailed account of the devastating economic and social consequences that would follow should the seat be moved from Makhanda, particularly if accompanied by a reduction in its jurisdiction”. It estimated that the combined effect would cost about 10 000 jobs in the region.
That combined-impact figure conceals an awkward arithmetic for the MHCAC. Disaggregating those numbers in comments to Grocott’s Mail last month, MHCAC sub-committee chairperson Brin Brody, an attorney with Wheeldon Rushmere & Cole, said the proposed jurisdictional reduction would cost about 5,000 jobs, but that the seat relocation would cost a further 5,000 jobs. Both figures, he said, had been verified by Rhodes University economist Professor Geoff Antrobus.
The MHCAC accepted the proposed jurisdictional reduction in its August 2023 memorandum to the Moseneke Committee, on access-to-justice grounds. That change is the part Cabinet has now approved for implementation on 1 July, just six weeks from now, and is likely to be in place before the Minister and her Deputy have sat down with the Action Committee.
Importantly, the seat relocation has not been withdrawn. Kubayi did not specify when, after the consultations, she would take a final decision, nor did she indicate the criteria she would apply in deciding whether to proceed. As of Wednesday, the Government Gazette notice giving effect to the Phase 1 jurisdictional changes had not been published.
The Department of Justice and Constitutional Development had not responded to follow-up questions on the timing of the consultations or the Gazette notice at the time of publication.
While the decision on relocating the Eastern Cape High Court’s main seat from Makhanda to Bhisho has been put on hold, the Makhanda court’s jurisdictional area will be substantially reduced. Photo: Supplied