RepealedThis Government Notice was repealed on 4 May 2020 by Directions to Address, Prevent and Combat the Spread of COVID-19 in All Courts, Court Precincts and Justice Service Points in the Republic of South Africa (Alert Level 4).
This is the version of this Government Notice as it was when it was repealed.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 R440 of 2020
- Published in Government Gazette no. 43191 on 31 March 2020
- Assented to on 30 March 2020
- Commenced on 31 March 2020
- [This is the version of this document from 31 March 2020.]
1. DefinitionsIn this Schedule, unless the context indicates otherwise—"Administration of Estates Act" means the Administration of Estates Act, 1965 (Act No. 66 of 1965);"permit" means a permit issued in terms of Regulation 11B(3) by the head of an institution as defined in Chapter 2 of the 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;"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);"essential services" means a service defined in Regulation 11A of the Regulations and for the purposes of these Directions means a service listed in item 16 of Part B of Annexure B to the Regulations;"head of institution" means the head of an institution defined in regulation 1 of the 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 delegate as the case may be;"justice service points" means the centres and offices of the Masters of the High Court and Offices of the Family Advocate;"legal Practice Act" means Legal Practice Act, 2014 (Act No. 28 of 2014);"legal Practitioner" means a legal practitioner defined in section 1 of the Legal Practice Act, 2014;"lockdown" means the period from midnight on Thursday 26 March 2020 until midnight on Thursday 16 April 2020;"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 state of disaster, will lead to substantial injustice;"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 established in terms of section 23 of the Legal Practice Act;"state of disaster" means the national state of disaster declared by the Minister of Cooperative Governance and Traditional Affairs on 15 March 2020; and"the Regulations" means the regulations issued in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) and published in Government Gazette No. 43148, Government Notice No. R398 of 25 March 2020.
2. Restricted access to the court, court precinct and all justice service points
3. Postponements of criminal cases and related matters
4. Social distancingThe Court Manager or his or her designate must ensure that the social distance standard of at least one (1) square metre 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 period of lockdown.
7. Services of offices of the MasterOnly the following services in terms of the Administration of Estates Act will be rendered during the period of lockdown:
8. Family law servicesOnly the following family law services will be dealt with:
9. Travel by officers of court during lockdown
10. The issuing of certificates to perform essential serviceIn addition to the officers of the court mentioned in paragraph 9 above, other persons who are required to perform essential services must, at all times, have in their possession a certificate to perform an essential service, as issued by an authorised person.
11. Safety measures at courts, court precincts and justice service points during the period of the state of national disasterThe 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 COVID-19:
12. ExclusionA judicial officer who presides over any matter in court may, where the interests of justice so require, order that the application of any provision in these Directions be deviated from.
13. WithdrawalThe Directions published by Government Notice No. 418 of 26 March 2020, are hereby withdrawn.
14. CommencementThese Directions come into operation on the date of publication in the Government Gazette.
History of this Government Notice
4 May 2020
31 March 2020 this versionPublished in Government Gazette no. 43191Government Notice commences.
30 March 2020Assented to by council.
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