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

Notices

Directions : All Courts, Court Precincts and Justice Service Points in the Republic of South Africa

3. Postponements of criminal cases and related matters

 

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

 

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

 

(c) No awaiting trial detainees held in Correctional Centres and police holding cells may be brought to any court or court precinct, unless for a first appearance, a bail application and a matter where special arrangements have been made with the judicial officers involved in the matter.

 

(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 59A(1) of the Criminal Procedure Act, and where necessary, release an accused person on warning in terms of section 56(1) of the said Act.

 

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