(1)
| (a) |
A court is a court or record and proceedings before it in terms of section 57 of the Act must be recorded verbatim, in narrative form or by mechanical means. |
| (b) |
Despite paragraph (a), a court must, in respect of each matter before it, record the information indicated in Form 17 of the Annexure in so far as it is applicable. |
(2)
| (a) |
The record of proceedings includes any judgment handed down or ruling or order made by the court, any viva voce evidence given in court, any exception taken or objection made to any evidence received or tendered and the proceedings of the court generally, including the addresses of any of the parties or the record of any inspection in loco.
|
| (b) |
The court must mark each document submitted as evidence and note that mark on the record. |
| (3) |
Rule 30(5) to (12) of the Rules of Court made under the Magistrates< Courts Act, 1944 (Act No. 32 of 1944), applies with the changes required by the context and in so far as it is applicable in respect of the transcription of any court records and copies thereof. |
| (4) |
A record of proceedings may only be disposed of after the expiry of— |
| (a) |
a period of 10 years since the date of finalisation of the matter in question; or |
| (b) |
a period of three years after a contribution order was made, in the case of records relating to contribution orders. |
(5) Any party to the proceedings may have access to that record of proceedings—
| (a) |
during office hours at the court where the matter was dealt with; and |
| (b) |
under the supervision of the clerk. |
| (6) |
Any person, other that a party to the proceedings, may in writing apply to the presiding officer of the court where the matter was dealt with, to have access to the record of proceedings, stating reasons why access should be granted. |
| (7) |
The presiding officer of the court may— |
| (a) |
refuse access to the record of proceedings; or |
| (b) |
grant access to record of proceedings, or any part thereof— |
| (i) |
during office hours at the court where the matter was dealt with; |
| (ii) |
under the supervision of the clerk; |
| (iii) |
against payment of the amount, as amended from time to time, prescribed in terms of section 7 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944); and |
| (iv) |
on any other conditions he or she may determine. |
| (8) |
Notwithstanding the provisions of subregulation (7), a presiding officer of the court may give approval in a specific case for the record of proceedings to be accessible free of charge— |
| (a) |
for official or research purposes; and |
| (b) |
for the purpose of publishing a report on the proceedings in a publication which is intended to be read mainly by social workers, probation officers, medical practitioners, dentists, child and youth care workers, nurses, psychologists, educationists, lawyers, criminologists, jurists or members of any other relevant profession. |
Statistics Act, 1999
