| (1) |
For purposes of this section and sections 159B, 159C and 159D, unless the context indicates otherwise— |
| (a) |
"appropriate person" means any court official or any other person at the court point and remote point who is required to be, or may be, present at the proceedings, including the presiding officer, the prosecutor, the accused person’s legal representative, any technical assistant, the clerk of the court, any witnesses, and members of the public who are entitled to be present; |
| (b) |
"audio link" means a live telephone link between the court point and the remote point which are both equipped with facilities which will enable audio communication between all appropriate persons at the court point and the remote point; |
| (c) |
"audiovisual link" means a live television link between the court point and the remote point which are both equipped with facilities which will enable all appropriate persons at the court point and the remote point to follow the proceedings and see and hear all the appropriate persons; |
| (d) |
"court point" means the courtroom or other place where the court having jurisdiction is sitting; |
| (e) |
"correctional facility" means a correctional facility as defined in the Correctional Services Act, 1998 (Act No. 111 of 1998), but does not include a police cell or lock-up; and |
| (f) |
"remote point" means the room or place at the designated correctional facility where the accused person appearing through audiovisual link is located. |
| (a) |
who is over the age of 18 years; |
| (b) |
who is in custody in a correctional facility in respect of an offence; |
| (c) |
who has already appeared before a court; |
| (d) |
whose case has been postponed and who is in custody pending his or her trial; and |
| (e) |
who is required to appear or to be brought before a court in any subsequent proceedings (whether before, during or after the trial or conviction and sentence) for the purpose of— |
| (i) |
a further postponement of the case; or |
| (ii) |
consideration of release on bail in terms of section 60, 63, 63A, 307, 308A or 321, where the granting of bail is not opposed by the prosecutor or where the granting of bail does not require the leading of evidence, |
is not required to appear or to be brought physically before the court but may, subject to the provisions of this section, sections 159B, 159C and 159D, appear before court by audiovisual link and is deemed to be physically before court, unless the court directs, in the interests of justice, that he or she appears or be brought physically before it.
| (3) |
Any proceedings in terms of subsection (2) shall be regarded as having been held in the presence of the accused person if, during the proceedings, that person— |
| (a) |
is held in custody in a correctional facility; and |
| (b) |
is able to follow the court proceedings and the court is able to see and hear the accused person by means of audiovisual link. |
| (4) |
The remote point shall be regarded as being a part of the court. |
[Section 159A inserted by section 1 of Act No. 65 of 2008 in respect of certain magisterial districts]
Statistics Act, 1999
