- The government has approved the expansion of High Court services into several new areas across South Africa.
- New local seats are planned for Palm Ridge, Welkom, Rustenburg, Upington and Thembalethu.
- A 20 percent increase in judicial posts is also being pursued to address capacity challenges in the courts.
For many South Africans living in rural communities and former homeland areas, accessing the courts often means travelling long distances at high cost.
The government says that it is one of the key reasons behind a major court expansion programme that will introduce new High Court seats, increase judicial capacity and bring court services closer to communities.
Justice and Constitutional Development Minister Mmamaloko Kubayi announced that Cabinet has approved the implementation of recommendations made by the Rationalisation Committee, clearing the way for significant changes to the country's court system after more than three decades of democracy.
Kubayi said the current court structure continues to reflect apartheid era spatial patterns that make access to justice difficult for many South Africans.
"The legacy of colonialism and apartheid continues to plague South Africa with spatial injustices and to impede access to courts for communities that reside in the areas that formed part of the defunct homelands and self-governing territories, as well as remote rural villages."
She said many people are still forced to travel long distances and incur substantial costs simply to access court services.
New High Court seats
One of the most significant recommendations approved by the Cabinet is the creation of additional local seats of the High Court.
The Rationalisation Committee recommended new local seats in Palm Ridge in Gauteng, Welkom in the Free State, Rustenburg in North West, Upington in the Northern Cape and Thembalethu in the Western Cape.
Kubayi said the first phase of implementation will focus on making use of existing court infrastructure where possible. These changes are expected to take effect from 1 July 2026.
The second phase will involve the establishment of additional local seats through the construction of new court buildings or the expansion of existing magistrates' courts.
The government has also begun work on establishing a court in Kempton Park near OR Tambo International Airport following consultations with Gauteng Judge President Dunstan Ledwaba and other stakeholders.
Though not part of the Rationalisation Committee's recommendations, Kubayi said the move was necessary because of growing immigration related demands.
"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."
More judges for growing demand
The Rationalisation Committee also recommended increasing judicial appointments by 20 percent across the divisions of the High Court.
Kubayi said discussions are already underway with the National Treasury and the Office of the Chief Justice to implement the recommendation and address capacity challenges in the courts.
"A process has been initiated with the National Treasury and the Office of the Chief Justice to effect the 20 percent increase of the judicial posts to deal with the capacity challenges across the Divisions of the High Court."
The minister further announced that revised guidelines for the appointment of acting judges have been finalised and approved by the Chief Justice. The new guidelines will come into operation on 1 July 2026.
Long overdue reform
Kubayi described the rationalisation of the courts as a constitutional requirement that has remained unfinished for too long. "After 30 years of our constitutional democracy, the rationalisation of the courts is long overdue."
She said the government remains committed to ensuring that access to justice remains central to future reforms of court administration and judicial governance.
"As we celebrate the 30th anniversary of the adoption of the constitution, we must intensify our efforts to achieve the constitutional imperative about rationalisation of Magisterial Districts and Divisions of the High Court."
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