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

Notices

Directions relating to All Courts, Court Precincts and Justice Service Points in the Republic of South Africa during Alert Level 3

Annexure : Permitted services under Alert Level 3

 

Annexure

Permitted services in terms of Alert Level 3

 

A. CRIMINAL MATTERS:
1. First Court Appearances, including child justice preliminary inquiries;

 

2. Postponement hearings;

 

3. Bail applications;

 

4. Proceedings under section 63A of the Criminal Procedure Act;

 

5. Consideration of the continued detention of children awaiting trial in detention in Child and Youth Care Centres and Correctional Centres on a case by case basis;

 

6. Postponements of trials through audiovisual link;

 

7. Guilty Pleas;

 

8. Trials limited to:
(a) Corruption, Sexual offences, Gender Based Violence and Femicide (GBVF), serious violent crimes, robbery, murder and Violation of COVID-19 Regulations;
(b) Cases where a child is an accused, a witness, or a victim;
(c) Cases where accused persons are in detention;
(d) Single witness trials;
(e) Finalisation of partly-heard matters which can be completed,
(f) Cases on the priority roll;
(g) Any other matter allowed by the Presiding Officer;

 

9. Applications for leave to appeal, appeals and reviews.
B. CIVIL LAW PROCEEDINGS
1. Civil matters dealt with online, telephonically or in writing;

 

2. Urgent motion applications;

 

3. Urgent civil trials including COVID-19 related cases;

 

4. Alternative Dispute Resolution Mechanisms;

 

5. Taxations;

 

6. Debt Review applications;

 

7. Divorce Proceedings, including Rule 43 applications in the High Court and Rule 58 applications in the Regional Court, as well as uncontested interlocutory applications and trials;

 

8. Small Claims Court matters;

 

9. Issue of all court process and proceedings and filing of papers;

 

10. Applications for leave to appeal, Appeals and reviews;

 

11. The hearing of any other civil action or motion not provided for in this section is subject to the approval of the Judicial Officer hearing the matter;

 

12. Ex parte applications;

 

13. Endorsement of powers of attorney.
C. FAMILY LAW MATTERS
1. Child and spousal maintenance proceedings;

 

2. Protection orders in terms of the Domestic Violence Act (No. 116 of 1998) or the Protection from Harassment (Act No. 17 of 2011);

 

3. Foster care applications and hearings, as well as extension of exiting orders;

 

4. Guardianship, care and contact, care and protection proceedings in respect of children, including removal to temporary safe care and placement in child and youth care centers;

 

5. International child abduction cases;

 

6. Adoptions applications and hearings;

 

7. Mediation and Facilitation.
D. SERVICES OF THE OFFICES OF THE MASTER OF THE HIGH COURT
1. Reporting and issuing of letters of appointments in all deceased estates matters;

 

2. Reporting and issuing of letters of appointments in all Insolvency matters;

 

3. Lodgement of requisitions by way of e-mail;

 

4. Examination of L&D accounts in all deceased estates matters lodged;

 

5. Examination of L&D accounts in all Insolvency matters lodged by e-mail;

 

6. Reporting and issuing of appointments in all Trust matters;

 

7. Reporting and issuing of appointments in all curatorship matters;

 

8. Receiving of applications and payments of funds from the Guardian's Fund;

 

9. Examination of accounts in Curatorship matters;

 

10. Dealing with all correspondence received by e-mail.

 

11. Registration and appointments in deceased estates, in line with the Master's delegation;

 

12. Receiving via e-mail and allowing all Liquidation & Distribution accounts to lie open for inspection and issuing and sending via e-mail, the relevant certificate after expiration of the inspection period;

 

13. Receiving and checking Guardian's Fund applications, MOVIT applicants and forwarding the applications to the relevant Master's Offices.
E. OFFICE OF THE STATE ATTORNEY
1. All litigation involving the State, including litigation arising out of COVID-19;

 

2. Administrative Services in the Office of the Solicitor-General and office of the State Attorney, including payments of legal fees;

 

3. All administrative functions in the Office of the State Attorney as determined by the Solicitor-General or any other person designated by him or her.
F. NATIONAL PROSECUTION AUTHORITY
1. All prosecution not excluded in terms the Regulations applicable to Alert level 3,

 

2. Prosecutorial services determined by the National Director of Public Prosecutions;

 

3. Administrative functions in the NPA designated by the administrative head or any other person designated by him or her.
G. LEGAL AID SA
1. All litigation and advisory services except those excluded in terms the Regulations applicable to Alert level 3;

 

2. All administrative functions determined by the head of Institution or any other person designated by him or her.
H. LEGAL PRACTITIONERS

All Services except those excluded in terms of the Regulations applicable to Alert Level 3.
I. SHERIFFS SERVICES
1. All Services except those excluded in terms the Regulations applicable to Alert level 3 including, the service of all processes and orders and the execution of writs and warrants and online sales in execution.

 

2. Evictions may not be conducted unless in terms of Regulation 36 of the Alert level 3 Regulations.
J. SPECIAL INVESTIGATING UNIT
1. Investigations pertaining to maladministration, malpractice, corruption and fraud;

 

2. Investigations pertaining to Special Tribunals;

 

3. All administrative functions determined by the head of Institution or any other person designated by him or her.
K. COUNCIL FOR DEBT COLLECTORS AND DEBT COLLECTORS
1. All administrative functions relating to the administration of the Council as determined by the head of Institution or any other person designated by him or her;

 

2. All Services except those excluded in terms of the Regulations applicable to Alert level 3.
L. COMMUNITY ADVICE OFFICES
1. All Services except those excluded in terms the Regulations applicable to Alert level 3;

 

2. Services determined by the head of the advice office concerned, subject to compliance with Health Protocols and physical distancing requirement.
M. SERVICES OF THE JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE

Services as determined by the Chairperson of the Judicial Commission of Inquiry into allegations of State Caputure, Corruption and Fraud in the Public Sector including Organs of State.
N. SPECIAL TRIBUNAL

Services as determined by the President of the Special Tribunal.