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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions : Management of Courts

E. Applications

 

(i) Unopposed applications

 

10. Unopposed applications already enrolled for hearing during the period of the national state of disaster shall be dealt with in the following manner:
10.1. Where it is inappropriate to proceed with the matters by video conferencing or other electronic means, the matters may be postponed to dates after the national state of disaster. Matters suitable to be disposed of without an oral hearing, shall, unless the Judicial Officer concerned determines otherwise, be dealt with on the papers which shall include such written submissions from the parties as may be directed by the Judicial Officer. In instances where oral hearing is to take place, the Judicial Officer may direct that such hearings be by way of video conferencing or other electronic means which are appropriate in the circumstances.
10.2. Any rule nisi with a return date that falls within the period of the national state of disaster, and which was granted prior thereto, may be extended to dates beyond the period of the national state of disaster. Where this cannot be achieved, for reasons of urgency, the matters are to be referred to a Judicial Officer on duty to determine the future conduct thereof.

 

11. Urgent applications shall be dealt with by a Judicial Officer on duty, subject to such directives as she or he may issue. This principle applies, subject to appropriate adjustments, to any court that requires more than one Judicial Officer to process or dispose of a matter.

 

(ii) Opposed applications

 

12. Save where a litigant is unrepresented and he or she does not have access to email facilities, heads of argument shall be filed electronically.

 

13. The parties shall further endeavour to reach agreement dispensing with the presentation of oral argument and shall, to that end, inform the Judicial Officer presiding in the matter of their decision by no later than noon on the preceding Friday.

 

14. Where the parties have been unable to reach consensus as envisaged in paragraph 13, or where the presiding Judicial Officer directs that argument be presented, the Judicial Officer may further direct that the matter be heard by way of video conferencing or other electronic means which are appropriate in the circumstances, and the Registrar or Clerk of the Court shall provide the parties with relevant information to facilitate the hearing.