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 4

1. Definitions

Purchase

In these Directions, unless the context indicates otherwise—

"Alert level 4"

means the alert level as declared by the Cabinet Member responsible for cooperative governance and traditional affairs in the Regulations;

"Annexure"

means the annexure to these Directions;

"Commission"

means the Commission of Inquiry into allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State appointed in terms of the Commissions Act, 1947 (Act No. 8 of 1947);

"court room"

means a room in which proceedings of a court, commission or special tribunal are conducted and includes judges' chambers, a commissioner’s chamber, magistrates' chambers, and audiovisual link to a court;

"court house"

means a court building or premises demarcated with or without a fence or a wall where a court is built or situated;

"court manager"

means an official appointed by the Department of Justice and Constitutional Development or Office of the Chief Justice, as the case may be, who manages a court house;

"Criminal Procedure Act"

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

"head of institution"

means the head of an institution as defined in regulation 1 of the Regulations, and for the purposes of these Directions includes, in the case of—

(a)	the Commission, the Secretary of the Commission of Inquiry into allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State appointed in terms of the Commissions Act, 1947 (Act No. 8 of 1947);

(b)	the Legal Practice Council, the Executive Officer of the Council established in terms of the Legal Practice Act;

(c)	the National Prosecuting Authority, the Head of Administration or a person designated by him or her;

(d)	the Provincial Legal Practice Council, the Director of a Provincial Legal Council established in terms of the Legal Practice Act, 2014;

(e)	Legal Aid South Africa, the Chief Executive Officer or a person designated by him or her;

(f)	a firm of attorneys, the senior partner or managing director of such firm of attorneys or a person designated by him or her;

(g)	a practising attorney who is a sole practitioner, such attorney; and in the case of a practising advocate, such advocate;

(h)	Office of a Sheriff, the Sheriff appointed in terms of the Sheriffs Act, 1986 (Act No. 90 of 1986);

(i)	Special Investigating Unit, the Head or a person designated by him or her;

(j)	Special Tribunal, the Secretary of the tribunal appointed in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996); and

(k)	a university law clinic, the Director or manager of such a clinic.

"justice service point"

means a centre or an office where family law services or services of the Masters of the High Court are obtainable;

"Legal Practice Act"

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

"legal practitioner"

means a legal practitioner defined in section 1 of the Legal Practice Act, and includes a candidate legal practitioner;

"NPA"

means the National Prosecuting Authority established in terms of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);

"permit"

means a permit issued in terms of regulations 16(2)(b) or 28(4) of the Regulations;

"permitted service"

means permitted service as determined in the Regulations and includes services listed in the Annexure to these Directions and in relation to—

(a)	a legal practitioner it includes:

(i)	professional legal work on litigation which is essential to be brought or enrolled for hearing, or attended to during Alert Level 4;

(ii)	administrative and preparatory functions such as consultations, commissioning of affidavits, filing of court papers at court, accessing documents and utilise equipment in the office;

(iii)

administrative work by a legal practitioner to ensure compliance with legal obligations which it is essential be complied with during Alert Level 4; and

(iv)	any other professional legal work by a legal practitioner which, if not performed during Alert Level 4, is likely to result in substantial injustice or severe prejudice to an affected party; and

(b)	a sheriff it includes:

(i)	essential administrative actions before and after the receiving of court processes such as the capturing of data in respect of returns of service which, if not performed during Alert Level 4, is likely to result in substantial injustice or severe prejudice to an affected party; and

(ii)	administrative work to ensure compliance with legal obligations which it is essential to be complied with during Alert Level 4; and

(c)	a member of the NPA or SIU it includes permitted service as indicated in the Annexure;

"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 established in terms of section 23 of the Legal Practice Act;

"SIU"

means the special investigating unit established in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996);

"Special Tribunal"

means the special tribunal appointed in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996);

"state of disaster"

means the national state of disaster declared by the Minister of Cooperative Governance and Traditional Affairs on 15 March 2020 in terms of section 27(1) of the Disaster Management Act, 2002 (Act No. 57 of 2002); and

"the Regulations"

means the Regulations made in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) and published in Government Gazette No.43258 of 9 April 2020 as amended from time to time.