Acts Online
GT Shield

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

Notices

Directions in the Schedule to address, prevent and combat the spread of COVID-19 in all courts, court houses and justice service points in the Republic of South Africa

8 - 13. 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. Cases in the districts and sub-districts which are affected by incidents of public violence or unrest which include cases relating to arson, destruction of business premises and public amenities and looting may be postponed in absentia or through the use of any virtual platform authorised by the Presiding Officer of the court concerned;

 

10. An audiovisual link may also be used for a bail application and any other process deemed appropriate by the Judicial Officer.

 

11. 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.

 

12. 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 immediate and necessary steps for its repair if it becomes dysfunctional.

 

13. Directors of Public Prosecutions must, subject to any directive that the National Director of Public Prosecutions may issue, facilitate and expedite the fixing of bail by prosecutors, as permitted in terms of section 59A(1) of the Criminal Procedure Act, 1977, who must act in consultation with the police official charged with the investigation of the case in question.