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

Notices

Directions to prevent the spread of COVID-19 in all Courts, Court Precincts and Justice Service Points in the Republ

1. Definitions

 

"certificate"

means a certificate issued in terms of Regulation11 B(3) by the head of an institution as defined in Chapter 2 of the Amended Regulations issued in terms of section 27(2) of the Disaster Management Act under gazette Number 11062 on 25 March 2020 ("the amended Regulations");

 

"court"

means a court room or an office in which court proceedings are conducted and includes judges' chambers, magistrates' chambers and an audio- visual remand centre;

 

"court precinct"

means an area of a court demarcated as such with or without a fence or a wall;

 

"Administration of Estates Act"

means the Administration of Estates Act, 1965 (Act No. 66 of 1965), as amended;

 

"Criminal Procedure Act"

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as amended;

 

"essential services"

means a service as defined in Regulation 11A of the amended Regulations and for the purposes of this directive is a service as defined in Annexure B clause 16 to the Regulations;

 

"head of institution"

means the head of an institution as defined in the amended Regulations, and for the purposes of these directions means the Director of a Provincial Legal Council established in terms of section 23 of the Legal Practice Act, or her or his delegated authority as the case may be;

 

"Legal Practice Act"

means Legal Practice Act, 2014 (Act No. 28 of 2014);

 

"legal Practitioner"

means a person as defined in the Legal Practice Act, 2014,

 

"justice service points"

means the centres and offices of the Masters of the High Court and Offices of the Family Advocate;

 

"lockdown"

means from midnight on Thursday 26 March 2020 until midnight on Thursday 16 April 2020; and

 

"permit"

means a certificate issued in terms of these directives;

 

"provincial director"

means the director of a provincial council established in terms of section 23 of the Legal Practice Act;

 

"provincial legal council"

means a provincial council as established in terms of section 23 of the Legal Practice Act; and

 

"matter"

means an urgent or essential court application and hearing including a bail application in case of first appearance of an accused person, or a matter which if not enrolled during the lockdown, will lead to substantial injustice.