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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

3. Postponements of Criminal Cases and related matters

 

(a) Audio -visual remand centres in Correctional Centres linked to Magistrates' Courts must be used for purposes of the postponement of cases where accused persons are in custody.

 

(b) All criminal trials enrolled during the lockdown are to be postponed to dates after this period, save for trials where the interests of justice dictate otherwise or where special arrangements have been made with the judicial officers involved.

 

(c) Awaiting trial detainees held in Correctional Centres and police holding cells shall not be brought to any court or court precinct, unless for first appearance, bail applications and matters where special arrangements have been made with the judicial officers involved in the matters.

 

(d) All matters where children are detained in Child and Youth Care Centres must be remanded in absentia.

 

(e) An accused person arrested for a petty offence must be released and warned to appear in court on a future date.

 

(f) Police officials and prosecutors must where necessary fix bail in terms of sections 59 (1) and 59 A (1) of the Criminal Procedure Act and where necessary release accused on warning in terms of section 56(1) of the said Act.

 

(g) All criminal court cases where accused persons are not incarcerated shall not be placed on the court roll during the lockdown and summonses will be issued for new trial dates.