I want to sue someone in the High Court of South Africa. What is the High Court and how can they assist?

I have a legal issue with someone and want to sue out of the High Court of South Africa. What can the High Court assist me with?

The High Court in South Africa is a superior court with general jurisdiction, meaning it has the authority to hear a wide range of cases, both civil and criminal. The jurisdiction of the High Court is outlined in the Constitution of the Republic of South Africa, 1996, as well as in various statutes.

South Africa is divided into various provinces, and each province has its own High Court. The locations of the High Courts in South Africa are as follows:

Eastern Cape Division of the High Court:

Main Seat: Grahamstown (Makhanda)

Free State Division of the High Court:

Main Seat: Bloemfontein

Gauteng Division of the High Court:

Main Seat: Pretoria

Local Seat: Johannesburg

KwaZulu-Natal Division of the High Court:

Main Seat: Pietermaritzburg

Local Seat: Durban

Limpopo Division of the High Court:

Main Seat: Polokwane

Mpumalanga Division of the High Court:

Main Seat: Mbombela

Northern Cape Division of the High Court:

Main Seat: Kimberley

North West Division of the High Court:

Main Seat: Mafikeng

Western Cape Division of the High Court:

Main Seat: Cape Town

Each High Court division has its own judges and handles cases within its geographical jurisdiction. The main seat of the division is where the principal court infrastructure is located, and local seats may be established to facilitate access to justice in different parts of the province.

Here are some key aspects of the High Court’s jurisdiction:

Civil Matters:

The High Court has jurisdiction over civil cases involving substantial legal issues or claims exceeding a certain monetary threshold. Civil matters include contract disputes, personal injury claims, family law matters, and other private law disputes.

Criminal Matters:

The High Court has jurisdiction to hear serious criminal cases, including offenses that fall under its exclusive jurisdiction. These may include, for example, certain types of murder cases or offenses that are considered particularly grave.

Constitutional Matters:

The High Court has jurisdiction to hear constitutional matters, but certain constitutional issues may be reserved for the Constitutional Court, which is the highest court in constitutional matters.

Administrative Law Matters:

The High Court can hear cases involving administrative law issues, such as challenges to decisions made by government bodies or public officials.

Appeals from Lower Courts and Tribunals:

The High Court serves as an appellate court for decisions of lower courts, magistrates’ courts, and certain specialized tribunals. Parties dissatisfied with decisions of lower courts may appeal to the High Court.

Review of Administrative Action:

The High Court can review and set aside administrative actions that are unlawful, irrational, or procedurally unfair.

Insolvency and Company Matters:

The High Court has jurisdiction over insolvency matters, liquidations, and company law issues.

Family Law Matters:

The High Court has jurisdiction over certain family law matters, including divorce cases and custody disputes.

Delictual Claims:

Delictual claims, which involve harm or loss caused by wrongful conduct, can be heard by the High Court.

It’s important to note that jurisdiction can be complex, and specific rules may apply to different types of cases. The High Court has divisions in different provinces of South Africa, and the jurisdiction may vary slightly among these divisions. Additionally, certain matters may be allocated to specific divisions, such as the Commercial Court or the Labour Court.

High Courts typically have Registrars who manage the administrative functions of the court. You may contact the Registrar’s office for information on court procedures, case status, and other inquiries.

Need legal representation in the High Court?

If you have a legal problem which falls under the jurisdiction of the High Court, and require legal assistance, feel free to contact us.

Related Post

20 Relocation with my minor child to Japan, Tokyo (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Tokyo, Japan If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Germiston or Pinetown, South Africa, and you want to relocate to Tokyo, Japan, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Tokyo, Japan? The same applies when it comes to your minor child applying for a South African passport to relocate to Japan, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Tokyo, Japan with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Tokyo, Japan. What can I do if the other parent does not want to consent to the minor child’s relocation to Tokyo, Japan? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Tokyo, Japan, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Tokyo, Japan. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Tokyo, Japan, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Tokyo, Japan? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Tokyo, Japan – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Tokyo, Japan, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Tokyo, Japan If you require legal assistance or representation with relocating to Tokyo, Japan due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Looking for Family Legal Services in Bothasig– Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Bothasig area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an
online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Bothasig

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Bothasig– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a p
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Bothasig

Are you residing in Bothasig and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Bothasig area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Bothasig

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!  

Questions posted on Live Q and A with Advocate Muhammad Abduroaf

12 questions posed when registering on
www.ourlawyer.co.za/live Question 1 Western Cape I have a restraining order against the mother of my child as she harasses myself and my family. I pay my maintenance however she refuses to let me see my son. It’s been almost a year now and I have reached out to social workers as well as mediation for a parenting plan but so far, no assistance – PLEASE HELP Question 2 Kwazulu Natal Divorced since 2013. Settlement agreement in place and through the years the maintenance amount stated on that agreement has changed. This year we relocated and my daughter was given the opportunity to live with her school principal in order to finish her Gr7 year in an excellent school. Her father notified me that he will not pay her maintenance to me because she is not in my care. He has not paid it to anyone else either. He gave her pocket money and paid the school fees which has always been separate from the maintenance amount. Please advise. Question 3 Western Cape My husband has been paying maintenance for 21 years. The child does not go to school and he has a garnish order that was supposed to stop in November 2021. He went to court for 2 days an filled the paperwork but the papers were still not delivered to the mother. Can you pls give advice as to how to stop the garnish order? Question 4 Eastern Cape I have a case with my baby’s dad. He doesn’t want to pay the amount. I went to the court and when they asked him how much he will afford. He said “I don’t know”. Now he said he wants the lawyer and he’s complaining that I’m not giving the child where’s he knows very well that in his house they always drunk and fighting with his wife and he demand that his wife is the one who supposed to buy my child’s clothes. My question is it a must? Question 5 Gauteng I need a brief summary of citizenship law democracy and the constitution module. With regards to you and your family. Question 6 Western Cape   Hi. We have a parenting plan in place. Note that normal drop off on every alternate Sunday is at 5pm. With school holidays it’s supposed to be 50/50 so father picks up on Friday and drops the kids the following Friday. This past school holidays. Father decided the Sunday he can’t take the kids for his school week and with me pushing back. He ended up dropping kids at my workplace at 9pm on a Sunday night. Note that I was not at work and he then dropped the kids at my parent’s place at 10pm. What can I do? Question 7 Western Cape My husband left me and our baby when she was 4 months old and went overseas. Despite asking him a million times to pay maintenance he always says he doesn’t have money but is a sales director for a big hotel group in Dubai. He has not contributed a cent to our child and I recently lost my job. What is the process of getting him or forcing him legally to pay maintenance? Question 8 Western Cape Afternoon. My daughter passed away in Feb 2021. L my daughter and M were married. M was 5 and Z 5 days. M moved in with my sister where she looked after the children. After 6 months he moved in with his mom. Now we don’t see them often. I saw them last 5 November 2021 when a social worker contacted him where he told them not to speak to him but to his lawyer. He doesn’t want to meet with me and the social worker. I would love to see them once or twice a month but he refuses. Question 9 Gauteng What do we do when the father is being denied access to the child? The mother claims her family is the one controlling the situation. The grandmother of the child was the mediator the whole time and now she has passed away. What steps should we follow to make things right? Question 10 Gauteng After 22 years my husband left me for another woman. At the time he unlawfully evicted me. I didn’t know it was against the law then. I ended up giving notice as the lease was on my name just to get to my personal and the kids’ stuff. Yet he took everything. Emptied my business account. The car that was supposed to be registered in my company name he registered behind my back in his name. This all happened 2021. End of July he disappeared. Kept on telling me because I can’t give him the original marriage certificate, I’m delaying the process. I got a lawyer but after still no summons he ended up refunding me. My eldest turned 18 last year. She just got her matric results with 3 distinctions. My youngest is turning 18 in February this year. I manage to serve him for maintenance under rule 58. He basically took my clients because of his lies. I tried to get a job again in the industry I worked for years. However, he worked in the same industry. Due to his misconduct I lost my job again when the final MIE check came back. I have been unable to find a job since then. He supplied me with stock to continue with the few clients I had left. But it’s always on his terms. Leaving me basically with income when it suits him. My eldest daughter filed her own maintenance claim. As he now sees it as a privilege if he pays for her varsity. She got a full scholarship for high school because of academic and sport. She was deputy head. I managed to get the papers signed on him in a parking lot as none of us knows where he lives. After that I am completely without income. I have moved into a house close to varsity because of all the promises that was made. Now I’m stuck with even more bills. I have never denied him to see his kids yet he has seen them at most 5 hours. And then only in a mall. How do I ensure that he assist with the necessary? I have no income and the amount he pays depends on the day. I also applied for loans purely for business use. To increase stock. He took all the stock as well yet I’m now stuck with all the loans. Again. No fix income. Any advice that can help me be ready as I’m due in court on the 20th of Jan 2022. He strongly believes that he no longer needs to pay maintenance once they turn 18. As it is, he stopped the eldest pocket money as she is an adult now. Please any advice would be much appreciated. Thank you know he has the money. Question 11 Western Cape Maintenance order that I want to contest. As my ex-wife was working whilst we were married. Now that we are divorced for 3 and half years and I moved on she still living with my mother in a second dwelling as property is huge. When I got married last year September, she went ballistic as I’m not living there right now I make it my responsibility to get up at 6 am and go fetch in the morning for school when my ex leaves at 630 am or when she works from home I still do it. So i don’t have access to my child when it concerns my weekend with him. I’m blocked by him and her as his WhatsApp messages is link to her phone I have absolutely no rights in this settlement as I paid maintenance but cannot have access to my child knowing that she listening in on our conversation. This Christmas had no access she took him away with no consent as always even now never saw him since last year 23 December. Question 12 Gauteng Good day. The father of my children refuses to pay maintenance for December. I asked.    

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