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COVID-19 Directives on Judicial Functions in Place

May 7, 2020

Office of the Chief Justice

Directives providing guidance on how judicial functions are to be managed and performed during the remaining period of the national state of disaster have been drawn up.

The office of the chief justice published the directives in Government Gazette 43283 in terms of the Superior Courts Act.

The Directives also seek to delegate, to all Heads of Court, the authority to take such action and issue such Directions as may be necessary to give effect to the Directives.

The Directives stipulate that parties wishing to have a matter, set down for hearing during the national state of disaster period, removed from the roll, shall jointly do so by issuing notice, in accordance with the practice of the Court or Division concerned.

The Directives also focus on criminal and civil trials, applications, appeals, applications for leave to appeal and judicial case flow management.

“Criminal trials already set down for hearing during the national state of disaster period shall be dealt with and disposed of in a manner determined by the Head of Court.”

Civil trials enrolled for hearing during the state of disaster may be removed from the trial roll, and their re-enrolment shall be in accordance with a procedure determined by the Head of Court.