South Africa's judicial geography has been the subject of scrutiny for decades in discussions about access to justice. Section 34 of the Constitution enshrines the fundamental right of access to justice for all. It provides:

"Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum." 

Despite this constitutional guarantee, access to justice remains hampered by the geographical distribution of courts across the country. South Africa currently has 14 Provincial Divisions of the High Court, located in Bhisho, Makhanda, Mthatha, Gqeberha, Bloemfontein, Pretoria, Johannesburg, Durban, Pietermaritzburg, Thohoyandou, Kimberley, Mahikeng, Polokwane and Cape Town. 

This limited number of High Court seats creates significant barriers for individuals who must travel long distances to pursue legal remedies. Although many rural areas are served by magistrates' courts, some communities remain without direct access to even these lower courts, raising concerns about the practical realisation of the constitutional promise of access to justice.

Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has emphasised that an independent judiciary and a well-functioning court system that gives full effect to the right to justice for all is the cornerstone of our democracy and a pillar upon which the rule of law strengthens our democracy, political stability, and economic growth. In response to the logistical and systemic challenges created by existing judicial boundaries, the South African government has embarked on an ambitious programme to rationalise the courts to improve access to justice for all.

The Department of Justice and Constitutional Development began implementing the rationalisation of magisterial districts in 2014. In 2021, the former Minister of Justice and Correctional Services established the Committee on the Rationalisation of the Areas under the Jurisdiction and Judicial Establishments of the Divisions of the High Court of South Africa. Retired Deputy Chief Justice Dikgang Moseneke was appointed to chair the Committee. The Committee was established to rationalise the Areas under the Jurisdiction of the Divisions of the High Court and their Judicial Establishments, as an imperative to increase access to justice.

The Committee subsequently produced a comprehensive report outlining a two-phase implementation plan, with the first phase commencing on 1 July 2026.

Phase one
The first phase focuses on expanding judicial accessibility by expanding magisterial districts and sub-districts within the jurisdiction of High Courts. This will involve redrawing court boundaries and using existing court infrastructure to give litigants greater access to higher-level judicial services.

A process has been initiated with National Treasury and the Office of the Chief Justice to effect the 20% increase in judicial posts to deal with the capacity challenges across the Divisions of the High Court, as recommended by the Rationalisation Committee in the Phase 2 report. New guidelines are also intended to improve the appointment of acting judges, thereby enhancing the efficiency of court operations.

Phase two
The second phase focuses on expanding judicial infrastructure and establishing permanent local High Court seats. Existing magistrates' courts will be upgraded where feasible, while new facilities will be constructed where necessary.

The proposed developments include five local seats in Palm Ridge (Gauteng), Welkom (Free State), Rustenburg (North West), Upington (Northern Cape), and Thembalethu (Western Cape). Furthermore, the proposed relocation of the main seat of the Eastern Cape High Court from Makhanda to Bhisho, while carrying significant historical and economic implications, will proceed only after consultation with relevant stakeholders is complete.

Another notable proposal is to establish a court in Kempton Park, adjacent to OR Tambo International Airport. 

The Rationalisation Committee also recommended the review, if not abolishment, of traditional judicial recess periods in order to maximise the existing resources. 

The rationalisation of South Africa's courts represents a significant step towards reshaping the country's judicial landscape. At its core, the initiative seeks to create a more unified and accessible judicial system by bringing magistrates' courts and High Courts into closer institutional alignment. Through expanded jurisdiction, improved infrastructure, increased judicial capacity, and strategic reform measures, the programme aims to strengthen judicial independence and give practical effect to the constitutional right of access to justice.

The work undertaken by the Rationalisation Committee is an important contribution to the advancement of constitutional democracy in South Africa. The reforms proposed in both phases are designed to ensure that access to justice is not merely a constitutional ideal but a practical reality for all who seek it.