Jurisdiction

COURTS WITH JURISDICTION TO PRESIDE OVER MATRIMONIAL ISSUES:

 

HIGH COURTS

Divorce Act, 1979 (Act No 70 of 1979)

2. Jurisdiction 

1)      A court shall have jurisdiction in a divorce action if the parties are or either of the parties is-

a)        Domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or

b)        Ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.

2)     A court which has jurisdiction in terms of subsection (1) shall also have

jurisdiction in respect of a claim in reconvention or a counter-application in the divorce action concerned. 

3)      A court which has jurisdiction in terms of this section in a case where the parties are or either of the parties is not domiciled in the Republic shall determine any issue in accordance with the law which would have been applicable had the parties been domiciled in the area of jurisdiction of the court concerned on the date on which the divorce action was instituted.

 4)     The provisions of this Act shall not derogate from the jurisdiction which a court

          has in terms of any other law or the common law.

 

REGISONAL COURTS: Please refer to the JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008

'Jurisdiction in respect of causes of action

29. (1) Subject to the provisions of this Act and the National Credit Act,

2005 (Act No. 34 of 2005), [the] a court in respect of causes of action, shall

have jurisdiction in—

 (1B) (a) A court for a regional division, in respect of causes of action,

shall, subject to section 28(1A), have jurisdiction to hear and determine

suits relating to the nullity of a marriage or a civil union and relating to

divorce between persons and to decide upon any question arising

therefrom, and to hear any matter and grant any order provided for in terms

of the Recognition of Customary Marriages Act, 1998 (Act No. 120 of

1998).

(b) A court for a regional division hearing a matter referred to in

paragraph (a) shall have the same jurisdiction as any High Court in relation

to such a matter.

(c) The presiding officer of a court for a regional division hearing a

matter referred to in paragraph la) may, in his or her discretion, summon to

his or her assistance two persons to sit and act as assessors in an advisory

capacity on questions of fact.

(d) Any person who has been appointed as a Family Advocate or Family

Counsellor under the Mediation in Certain Divorce Matters Act, 1987 (Act

No. 24 of 1987), shall be deemed to have also been appointed in respect of

any court for a regional division having jurisdiction in the area for which he

or she has been so appointed.

(1C) Jurisdiction conferred on a court for a regional division in terms of

this section shall be subject to a notice having been issued under section

2(1)(iA) in respect of the place for the holding, and the extent of the civil

adjudication, of such court.

(2) In subsection (1) 'action' includes a claim in reconvention.".