This is the latest version of this Government Notice.
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 R489 of 2020
- Published in Government Gazette no. 43268 on 4 May 2020
- Assented to on 3 May 2020
- Commenced on 4 May 2020
- [Up to date as at 4 May 2020]
3. Directions issued by Heads of Court
Restriction of services and access to a court room, court house or justice service point
Postponement of criminal cases and related matters
22. Foreign language interpreters
23. Legal Aid
Resolution of disputes
29. Other services permitted under Alert Level 4 as provided in the Annexure
30. Travel by officers of court
Issuing of permits
Safety measures at courts, court houses and justice service points during the period of the state of national disaster
Permitted services in terms of Alert Level 4
|A. Criminal matters:|
|1. First court appearances;|
2. Postponement in absentia where is possible to inform accused persons/witnesses of future trial date;
3. Bail application;
4. Proceedings under section 63A of the Criminal Procedure Act;
5. Consideration of the continued detention of children awaiting trial in detention in Child and Youth Care Centres and Correctional Centres on a case by case basis;
6. Postponements of trials through audiovisual link;
7. Guilty Please;
8. Trials limited to:
(a) Corruption, Sexual offences, Gender Based Violence and Femicide (GBVF), serious violent crimes, robbery, murder and Violation of COVID-19 Regulations
(b) Cases where accused persons are in detention;
(c) Finalization of partly-heard matters which can be completed;
9. Applications for leave to appeal, Appeals and reviews.
|B. Civil law proceedings|
|1. Civil matters dealt with online, telephonically or in writing;|
2. Urgent motion applications;
3. Urgent civil trials including COVID 19 related cases;
4. Alternative Dispute Resolution Mechanisms;
6. Debt Review applications and trials;
7. Divorce Proceedings, including Rule 43 applications in the High Court and Rule 58 applications in the Regional Court, as well as uncontested interlocutory applications and uncontested trials;
8. Issue of all court process and proceedings and filing of papers relevant to pending proceedings;
9. Applications for leave to appeal, Appeals and reviews;
10. All uncontested civil actions or motions;
11. Ex parte applications;
12. Endorsement of powers of attorney.
|C. Family law matters|
|1. Child and spousal maintenance proceedings;|
2. Protection orders in terms of the Domestic Violence Act No. 116 of 1998 or the Protection from Harassment Act No. 17 of 2011;
3. Foster care applications and hearings;
4. Care and contact, care and protection proceedings in respect of children, including removal to temporary safe care and placement in child and youth care centers;
5. International child abduction cases;
6. International child abduction cases;
7. Adoptions applications and hearings.
|D. Services of the offices of the Master of the High Court|
|1. Reporting and issuing of letters of appointments in all deceased estates matters;|
2. Reporting and issuing of appointments in all Insolvency matters;
3. Lodgment of requisitions by way of e-mail;
4. Examination of L&D accounts in all deceased estates matters lodged by e-mail;
5. Examination of L&D accounts in all insolvency matters lodged by e-mail;
6. Reporting and issuing appointments in only urgent Trust matters for the benefit of COVID-19 relief measures lodged by e-mail;
7. Reporting and issuing appointments in only urgent curatorship matters lodged by email;
8. Receiving of applications and payments of funds from the Guardian’s Fund;
9. Issuing of letters of executorship and endorsement of powers of attorney.
|E. Services of the Judicial Commission of Inquiry into allegations of state capture, corruption and fraud in the public sector including organs of state|
|Services as determined by the Chairperson of the Judicial Commission of Inquiry into allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State.|
|F. Special tribunal appointed in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996|
|Services as determined by the President of the Special Tribunal.|
- Entire Government Notice
- 1. Definitions
- 2. Withdrawal
- 3. Directions issued by Heads of Court
- Section 4.
- Section 5.
- Section 6.
- Section 7.
- Section 8.
- Section 9.
- Section 10.
- Section 11.
- Section 12.
- Section 13.
- Section 14.
- Section 15.
- Section 16.
- Section 17.
- Section 18.
- Section 19.
- Section 20.
- Section 21.
- 22. Foreign language interpreters
- 23. Legal Aid
- Section 24.
- Section 25.
- Section 26.
- Section 27.
- Section 28.
- 29. Other services permitted under Alert Level 4 as provided in the Annexure
- 30. Travel by officers of court
- Section 31.
- Section 32.
- Section 33.
- Section 34.
- Section 35.
- Section 36.
- Section 37.
- Section 38.
- 39. Exclusion
- 40. Commencement
- Annexure 1
History of this Government Notice
4 May 2020 this versionPublished in Government Gazette no. 43268Government Notice commences.
3 May 2020Assented to by council.
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