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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 4

8 - 16. Postponement of criminal cases and related matters

 

8. An audiovisual link, where such a link exists, must be used for postponing cases where accused persons are in custody.

 

9. An audiovisual link may also be used for unopposed bail applications for a charge listed in Schedule 1, 5 or 6 of the Criminal Procedure Act.

 

10. Where there is no audiovisual link installed between a correctional centre and a court, other alternative audio visual links such as teleconference or videoconference or any other electronic mode may be used to postpone cases where accused persons are in custody.

 

11. A court manager and a head of a correctional centre where the audiovisual link equipment has been installed must ensure that such a system is at all times in a functional state and must take the immediate and necessary steps for its repair if it becomes dysfunctional.

 

12. All criminal trials enrolled during Alert Level 4 must be postponed to dates in future, save for prioritised cases or trials on matters listed in the Annexure or where special arrangements have been made with the judicial officer hearing the matter.

 

13. All matters where children are detained in Child and Youth Care Centres and Correctional Centres must be brought before court for consideration of continued detention.

 

14. Trials involving awaiting- trial detainees who are being held in Correctional Centres must be prioritised.

 

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

 

16. Directors of Public Prosecutions must, subject to any directive that the National Director may give, issue such Directives as may be necessary to facilitate and expedite the fixing of bail by prosecutors as permitted in terms of section 59A(1) of the Criminal Procedure Act, 1977.