High Courts
Updated: 4 days ago
The High Court of South Africa is a superior court with broad jurisdiction over civil, criminal and constitutional matters. Unlike the Supreme Court of Appeal, the High Court does not deal only with appeals. It can hear many matters for the first time, while also hearing appeals and reviews from lower courts.
What is this court?
There is one High Court of South Africa, which is divided into nine provincial Divisions. Each Division exercises jurisdiction within a particular geographical area, and some Divisions have additional local seats.
The High Court is above the Magistrates’ Courts in the court hierarchy, but below the Supreme Court of Appeal and the Constitutional Court.
Each Division is headed by a Judge President and consists of judges appointed to that Division.
What matters does it hear?
The High Court has broad jurisdiction.
Under section 169 of the Constitution, it may decide constitutional matters, except matters that the Constitutional Court has agreed to hear directly or matters assigned by legislation to another court of a status similar to the High Court. It may also decide other matters that have not been assigned by legislation to another court.
In practice, High Courts hear a wide range of matters, including:
significant civil disputes;
serious criminal cases;
constitutional matters;
applications to review certain decisions or proceedings;
appeals from Magistrates’ Courts;
matters concerning the interpretation and application of legislation; and
other matters that fall within the jurisdiction of the relevant Division.
The Superior Courts Act specifically provides that a Division may hear appeals from Magistrates’ Courts within its area and review proceedings of those courts.
The fact that the High Court has jurisdiction does not necessarily mean that every dispute should be brought there. Some matters are specifically assigned to Magistrates’ Courts, specialised courts or other forums, and the appropriate court will depend on the nature and circumstances of the dispute.
Who hears the case?
Cases in the High Court are heard by judges.
A civil matter heard by the High Court as a court of first instance is ordinarily heard by one judge, although certain matters may be heard by more judges where appropriate.
Criminal trials are also presided over by a High Court judge, with the composition of the court governed by the applicable criminal procedure law.
When the High Court hears an appeal, the case will ordinarily be heard by two judges. If those judges disagree, a third judge may be added. A full court consists of three judges.
Can you appeal its decisions?
Yes, in appropriate circumstances.
An appeal from a High Court decision is not automatically available simply because a party disagrees with the outcome. In most cases, the party must first obtain leave to appeal.
Where a case was originally decided by a single High Court judge, an appeal may, depending on the direction given when leave is granted, proceed either to:
a full court of that Division; or
the Supreme Court of Appeal.
Where the original matter was decided by more than one High Court judge, an appeal generally lies to the Supreme Court of Appeal, subject to the applicable requirements.
In appropriate cases falling within its jurisdiction, a matter may ultimately reach the Constitutional Court.
Leave to appeal is governed by legal requirements. Among other things, it may be granted where there is a reasonable prospect that the appeal will succeed or another compelling reason why the appeal should be heard.
Where is it located and how is it structured?
The High Court of South Africa has nine Divisions, corresponding broadly with South Africa's nine provinces:
Eastern Cape Division, main seat in Makhanda, with local seats including Bhisho, Mthatha and Gqeberha;
Free State Division, Bloemfontein;
Gauteng Division, main seat in Pretoria, with a local seat in Johannesburg;
KwaZulu-Natal Division, main seat in Pietermaritzburg, with a local seat in Durban;
Limpopo Division, main seat in Polokwane, with a local seat in Thohoyandou;
Mpumalanga Division, main seat in Mbombela, with a local seat in Middelburg;
Northern Cape Division, Kimberley;
North West Division, Mahikeng; and
Western Cape Division, Cape Town.
Some Divisions also make use of circuit courts, which allow the High Court to sit at other locations within the Division where necessary.
Which Division or seat should hear a matter can depend on factors such as where the parties are situated, where the events giving rise to the dispute occurred, and the particular jurisdiction assigned to that court. The areas of jurisdiction of certain High Court seats were further determined by government notice in July 2026.
Important to know
The High Court is not simply a court for cases involving large amounts of money. Its jurisdiction also depends on the nature of the matter and the powers given to it by the Constitution and legislation.
It also plays more than one role in the justice system. A High Court can act as:
a court of first instance, hearing a matter for the first time;
an appeal court, reconsidering a decision of a lower court; or
a review court, examining whether certain proceedings or decisions were lawfully and properly conducted.
An appeal and a review are not the same thing. An appeal generally concerns whether the decision reached was correct, while a review is generally concerned with the lawfulness or procedural regularity of the decision-making process.
The High Court also has important constitutional powers. However, where a High Court declares an Act of Parliament, a provincial Act or conduct of the President constitutionally invalid, that declaration does not take effect unless it is confirmed by the Constitutional Court.
Want to learn more? The Office of the Chief Justice provides information about the different High Court Divisions, court contacts, judgments and court directives. Explore the High Courts of South Africa
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