COUNCIL OF THE LAW SOCIETY OF THE NORTHERN PROVINCES

 

It was resolved by the Council of the Law Society of the Northern Provinces (incorporated as the Law Society of the Transvaal) that, although the various provincial structures of the Law Society functioning under its jurisdiction (i.e. Gauteng, Mpumalanga, Limpopo and North West Provinces) should submit their comments and submissions relating to the Bill separately, the Law Society should also make the following general submissions:

1. The Council of the Law Society of the Northern Provinces is not in favour of the fragmentation of the High Court;

2. However, should the establishing of Divisions of the High Court in the various Provinces be inevitable:

2.1 the Mpumalanga, Limpopo and North West Divisions (Bophuthatswana) should have concurrent jurisdiction with the Northern Gauteng and/or Southern Gauteng Divisions;

2.2 the Northern Gauteng and Southern Gauteng Divisions should have concurrent jurisdiction in Gauteng, it will not be feasible to divide the jurisdiction in Gauteng between these two Divisions.

2.3 it is submitted that, to have concurrent jurisdiction as suggested above, will best serve the objective of access to justice.

It will be appreciated if the Committee will kindly afford a representative of the Law Society an opportunity to present arguments in favour of this view when the Committee is to invite interested parties to make verbal representation.

Yours faithfully,

M J S GROBLER

DIRECTOR

LAW SOCIETY OF THE NORTHERN PROVINCES