Madibeng attorneys seek review of move that shifts litigants to Mahikeng
The Madibeng Attorneys' Association has asked the Pretoria High Court to review and set aside a government notice that moves the district of Madibeng from the jurisdiction of the Pretoria High Court to the High Court at Mahikeng. The association argues the decision, published by Minister Mmamoloko Kubayi, will diminish residents' access to justice by substantially increasing travel distance and expense.
The association filed papers after the government's notice took effect on 1 July, reassigning areas between high court jurisdictions. Madibeng sits on the boundary between the North West and Gauteng provinces and has historically fallen under Pretoria's jurisdiction.
In an affidavit before the Pretoria High Court, association representative Cornelus Lourens said the directive replaces an existing route to the Pretoria high court — about 51km from parts of Madibeng — with a route to Mahikeng of approximately 262km. The association recorded the estimated journey time to Mahikeng as three hours and 15 minutes, saying the change multiplies the travel burden for litigants and practitioners by more than five times.
"Mahikeng is approximately 262km away and the estimated journey takes three hours and 15 minutes," Lourens said in his affidavit.
The association contends the reallocation will adversely affect several practical aspects of litigation. These include attendance at hearings and trials, pre-trial consultations, the transport of witnesses and the overall time and expense borne by parties and legal practitioners.
- Madibeng historically under Pretoria high court jurisdiction; change effective 1 July.
- Association says travelling distance to Mahikeng is more than five times greater than to Pretoria.
- Committee chaired by retired justice Dikgang Moseneke had recommended Pretoria retain jurisdiction until a local seat is established at Rustenburg.
The association also argues that Minister Kubayi departed from the recommendations of the committee that considered high courts’ jurisdictions and access to court. That committee — chaired by retired justice Dikgang Moseneke — advised that Pretoria should continue to exercise jurisdiction over Madibeng until a local seat of the North West Division is established at Rustenburg. The association points to that recommendation as a reason the minister's notice was inappropriate.
The papers filed in Pretoria seek a judicial review and an order setting aside the ministerial notice. The association alleges that the minister acted "capriciously" in making the change, and that the notice will negatively affect the constitutional right of access to courts for residents of the affected district.
| Location | Approximate distance from Madibeng (Brits) | Estimated travel time |
|---|---|---|
| Pretoria High Court | 51km | Under one hour (varies by route) |
| Mahikeng High Court | 262km | 3 hours 15 minutes |
The challenge centres on practical and constitutional considerations. For residents, longer journeys to court increase direct costs such as transport and accommodation, and impose indirect costs including loss of income and logistical barriers for witnesses and vulnerable litigants. For attorneys, the reassignment can raise professional costs and affect the scheduling and conduct of cases where presence in court is required.
Local observers say the dispute highlights broader tensions around the alignment of court jurisdictions with population patterns and infrastructure in Gauteng and the North West. The Moseneke committee’s recommendation to maintain Pretoria’s jurisdiction over Madibeng until a Rustenburg seat is established was aimed at avoiding precisely this kind of disruption, but the ministerial notice departed from that approach.
The government notice and the association’s papers set the stage for a legal test of how administrative decisions about court boundaries must account for practical access to justice. The Pretoria High Court will now consider the association’s application for review and set-aside of the ministerial notice.
For communities and legal practitioners in North West and the border districts, the outcome will determine whether litigants must travel the significantly greater distance to Mahikeng or continue to access Pretoria while a local seat in Rustenburg is pursued.
