The Gauteng Division of the High Court, Pretoria has set aside the Minister of Justice and Constitutional Development’s July 2026 determination that redrew the territorial jurisdiction of the province’s High Court seats, restoring the previous jurisdictional framework for Gauteng.
The consent order was granted by Judge Brenda Neukircher on 28 September 2026 following a legal challenge brought by the Pretoria Society of Advocates and the Pretoria Attorneys’ Association.
The dispute arose from Government Notice 7648, published in Government Gazette 54935 on 2 July 2026 under section 6(3) of the Superior Courts Act 10 of 2013. The notice introduced new territorial arrangements for several High Court divisions, including the Gauteng Division, with effect from 1 July 2026.
Before the July determination, the Pretoria and Johannesburg seats of the Gauteng Division operated under a framework that allowed for concurrent jurisdiction.
The new determination sought to introduce clearer geographical boundaries between the two seats. Pretoria was allocated the Tshwane magisterial district, while Johannesburg was allocated the Johannesburg, Ekurhuleni, Sedibeng and West Rand magisterial districts.
The change had practical consequences for litigants and legal practitioners because the appropriate High Court seat would increasingly depend on where the relevant cause of action arose or where the parties or subject matter fell within the prescribed geographical area.
The July notice also contained transitional provisions dealing with proceedings already on the court roll. However, questions remained about matters that had already been instituted under the previous system but had not yet been enrolled.
That issue became particularly significant for practitioners dealing with cases that were already underway when the new framework came into effect.
The Pretoria Society of Advocates and Pretoria Attorneys’ Association challenged the Minister’s determination.
The challenge came against a backdrop of broader uncertainty among practitioners about where existing and new matters should properly be instituted.
The matter was ultimately resolved through a consent order rather than a contested judgment on the merits.
On 28 September, Judge Neukircher set aside the Minister’s July determination insofar as it concerned the areas of jurisdiction falling under the Gauteng Division.
The order confirms that Government Notice 30, published on 15 January 2016, as amended by Government Notice 408 of 29 March 2018, continues to govern the areas of jurisdiction of the main and local seats of the Gauteng Division.
The practical effect is that the July 2026 changes no longer determine the geographical jurisdiction of the Gauteng Division’s Pretoria and Johannesburg seats.
The Minister was also ordered to pay the applicants’ party-and-party costs, including the costs of two counsel where employed on Scale B.
