New Gauteng High Court jurisdiction notice changes where matters should be issued and managed

An 02 July 2026 notice dealing with the areas of jurisdiction of the High Court has introduced an important practical change for litigation in Gauteng.

For many years, litigants and practitioners in Gauteng have been accustomed to a degree of flexibility when deciding whether a matter should be issued in Pretoria or Johannesburg. Now Government Notice 7648 determines the areas falling under the main and local seats of the High Court.

In broad terms, the notice identifies Pretoria as the main seat for the Tshwane Magisterial District, while Johannesburg is identified as the local seat for the Ekurhuleni, Johannesburg, Sedibeng and West Rand Magisterial Districts. Parties will need to look more carefully at where a cause of action arose, where the defendant is situated, where performance was due and which seat has jurisdiction before issuing proceedings.

Transitional provision

Proceedings that had already been placed on the court roll for trial but had not yet been concluded before the notice came into effect, must be concluded as if the notice had not been published. This assists with matters that are already far advanced. It does not, however, answer every practical question that may arise in relation to matters that have been issued but not yet enrolled for trial, pending opposed applications, unopposed applications, interlocutory steps or matters where pleadings have closed but no trial date has been allocated.

In some cases, it may be appropriate to continue in the court where the matter was issued, particularly where steps have already been taken and no party is prejudiced. In other cases, a transfer may need to be considered. Parties should also be cautious about assuming that an existing case number, a prior directive or past practice will be enough to resolve the jurisdictional question.

Avoiding delays and extra costs

Issuing in the wrong court, or continuing in a court that no longer has jurisdiction, can lead to delays, wasted costs and procedural disputes. It may also give an opposing party a useful point to take at a later stage, especially where the issue could have been identified earlier.

Clients with new matters should obtain advice before proceedings are issued. Clients with pending matters in Pretoria or Johannesburg should ask their attorneys to review whether the notice affects the next procedural step.

The change is manageable, but it should not be ignored. A short jurisdiction review at the start of a matter may prevent unnecessary argument, delay and cost later in the litigation process.