Madibeng lawyers are taking Justice and Constitutional Development Minister Mmamoloko Kubayi to court over the jurisdiction of the high court.
Madibeng Attorneys Association launched a semi urgent application at the high court in Pretoria last week, seeking the court to review and set aside the decision of the minister to include Madibeng within the jurisdiction of the North West Division of the High Court, whose only seat is in Mahikeng.
The minister’s decision was published in the Government Gazette on 2 July 2026, with retrospective effect from 1 July 2026.
Kerneels Lourens for the Attorneys Association said the application was instituted after the minister failed to respond to the attorneys’ request of 17 July to rescind what they contend was an irrational and flawed decision.
The Rationalisation Committee, chaired by former deputy chief justice Dikgang Moseneke, which inter alia considered the jurisdictional boundaries of the high courts, recommended that Madibeng should remain within the jurisdiction of the Gauteng Division of the High Court until a local seat of the North West division is established in Rustenburg.
The lawyers argued that the distance from Brits to the Pretoria High Court is approximately 51 kilometres, whereas the distance to Mahikeng is approximately 262 kilometres, which underscores the irrationality.
The application has been set down for hearing on 1 September 2026.
“The constitutional right of access to justice of the residents of Madibeng is seriously prejudiced by this decision,” Lourens said.
“We remain hopeful that the minister will reconsider her position without delay, as the decision imposes substantial additional costs, unnecessary travel and considerable inconvenience on the people of Madibeng.”
The lawyers wrote a letter to Kubayi on July 17.
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