RepealedThis Government Notice was repealed on 31 March 2020 by Directions to address, prevent and combat the spread of COVID-19 in all courts, court precincts and justice service points.
This is the version of this Government Notice as it was when it was repealed.
Disaster Management Act, 2002
Directions to address, prevent and combat the spread of COVID-19 in all courts, court precincts and justice service points
Government Notice R418 of 2020
- Published in Government Gazette no. 43167 on 26 March 2020
- Commenced on 26 March 2020
- [This is the version of this document from 26 March 2020.]
1. Definitions"certificate" means a certificate issued in terms of Regulation 11B(3) by the head of an institution as defined in Chapter 2 of the Amended Regulations issued in terms of section 27(2) of the Disaster Management Act under gazette Number 11062 on 25 March 2020 ("the amended Regulations");"court" means a court room or an office in which court proceedings are conducted and includes judges' chambers, magistrates' chambers and an audio- visual remand centre;"court precinct" means an area of a court demarcated as such with or without a fence or a wall;"Administration of Estates Act" means the Administration of Estates Act, 1965 (Act No. 66 of 1965), as amended;"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as amended;"essential services" means a service as defined in Regulation 11A of the amended Regulations and for the purposes of this directive is a service as defined in Annexure B clause 16 to the Regulations;"head of institution" means the head of an institution as defined in the amended Regulations, and for the purposes of these directions means the Director of a Provincial Legal Council established in terms of section 23 of the Legal Practice Act, or her or his delegated authority as the case may be;"Legal Practice Act" means Legal Practice Act, 2014 (Act No. 28 of 2014);"legal Practitioner" means a person as defined in the Legal Practice Act, 2014;"justice service points" means the centres and offices of the Masters of the High Court and Offices of the Family Advocate;"lockdown" means from midnight on Thursday 26 March 2020 until midnight on Thursday 16 April 2020; and"permit" means a certificate issued in terms of these directives;"provincial director" means the director of a provincial council established in terms of section 23 of the Legal Practice Act;"provincial legal council" means a provincial council as established in terms of section 23 of the Legal Practice Act; and"matter" means an urgent or essential court application and hearing including a bail application in case of first appearance of an accused person, or a matter which if not enrolled during the lockdown, will lead to substantial injustice.
2. Restricted access to the court precinct and all justice service points
3. Postponements of criminal cases and related matters
4. Social distancingThe Court Manager or his or her designee shall ensure that the social distance standard of at least one (1) square meter is maintained in all court rooms and the court precinct.
5. Civil cases
6. Legal aidThe provision of legal aid by Legal Aid South Africa will be limited to urgent and essential cases during the lockdown.
7. Services of offices of the MasterOnly the following services in terms of the Administration of Estates Act, 1965 will be rendered:
8. Family law services
9. Travel by officers of court during period of lockdownEnforcement officers must allow Judges, Magistrates, legal practitioners and sheriffs to commute between their places of residence and the court within their area of jurisdiction for purposes of performing essential services upon presentation of proof of appointment to such office.
10. The issuing of certificates to perform essential service
11. Safety measures at courts, court precincts and justice service points during period of lockdownThe following safety measures must be adhered to in addition to the safety measures that have been issued by the Minister of Health to minimise the spread of the virus. These measures are:
12. ExclusionA judicial officer who presides in any matter in court, may order that the application of any provision in these Directions may be deviated from where the interests of justice so require.
History of this Government Notice
31 March 2020
26 March 2020 this versionPublished in Government Gazette no. 43167Government Notice commences.
Download for later
Download the current version of this By-law to read later on your desktop, e-reader or tablet.