| (1) |
The presiding judge may, of his or her own accord or at the request of any party before or during the hearing of any case, convene one or more conferences of the participating parties to promote the expeditious, economic and effective disposal of the case. |
| (2) |
The presiding judge must determine— |
| (a) |
the time, manner, date and venue or venues of each conference; and |
| (b) |
the manner in which participating parties must be notified of a conference. |
A conference may take place over the telephone by conference call if the presiding judge so directs.
| (3) |
It is the duty of a party to attend every conference, either personally or through his or her legal representative. A conference may take place in the absence of a party to whom notice was given. |
| (4) |
In exceptional circumstances and where it appears to the presiding judge that no injustice will be caused thereby, a conference to determine procedures only may take place— |
| (a) |
before the case has been initiated; or |
| (b) |
in the absence of some of the participating parties. |
The rights of a party that has not received notice of a conference may not be adversely affected by any direction given thereat. The presiding judge may, at the request of any such party, amend or withdraw any direction so given.
| (5) |
Every conference will be presided over by the presiding judge or by any other judge nominated to do so by the presiding judge or the President. In the latter event, that other judge will perform the functions of the presiding judge. |
| (6) |
Insofar as may be practical, a party must deliver prior notice of all information, admissions, directions and orders which he or she will seek at a conference. |
| (7) |
The presiding judge may at a conference— |
| (a) |
make any interlocutory order or give any direction which the Court may make or give under any provision of these rules; and |
| (b) |
investigate any non-compliance with these rules or with any order or direction previously given in the matter and give such orders or directions in relation thereto as may be just, including an order for costs or a postponement of any hearing. |
| (8) |
If any party is present at a conference where an interlocutory order or a direction is applied for informally, no further notice of the application needs to be given to that party, unless the Court directs otherwise. |
| (9) |
Without limiting the general powers of the presiding judge, the matters set out hereunder may be dealt with at a conference. The presiding judge may make orders or give directions in relation to these matters, insofar as it may be appropriate for the type of case concerned |
| (a) |
the issues to be tried: |
| (i) |
the identification and simplification of the issues to be tried by the Court; |
| (ii) |
issues to be decided separately under rule 57; |
| (b) |
the joinder of further parties; |
| (c) |
the amendment of documents filed in the case; |
| (d) |
the evidence to be presented : |
| (i) |
admissions of fact to avoid unnecessary evidence; |
| (ii) |
the admissibility under section 30 of the Restitution of Land Rights Act of evidence which would otherwise not be admissible; |
| (iii) |
the production of evidence by way of affidavit or in any other manner; and |
| (iv) |
the prior exchange between the parties of summaries of evidence to be given by witnesses; |
| (e) |
the discovery of documents by any party under rule 46, to the extent that any other party may reasonably require discovery in respect of any issue in the case; |
| (f) |
the documents to be used: |
| (i) |
the documents or copies of documents or extracts from documents which will, without further proof, serve as evidence of what they purport to be, and any other matter regarding the submission and proof of documents; |
| (ii) |
the plans, diagrams, photographs, models and the like to be used at the hearing and the proof thereof; |
| (iii) |
the preparation of bound, paginated and indexed volumes containing documents for use at the hearing, with copies for the Court and the parties; and |
| (iv) |
the portions of the record in review proceedings to be copied in terms of rule 35(4) (a); |
| (g) |
information required: |
| (i) |
authorisation for any party to request further particulars from any other party under rule 45; |
| (ii) |
any further information, evidence, documents, investigation or witnesses which the presiding judge may require on any issue before the Court; and |
| (iii) |
the preparation of a statement of agreed facts and facts in dispute; |
| (h) |
the witnesses to testify: |
| (i) |
the witnesses to be called at the hearing, the order in which they will be called, and the limitation of their number; and |
| (ii) |
the examination by interrogatories of persons whose evidence is required in terms of section 28H of the Restitution of Land Rights Act; |
| (i) |
the referral of any matter to a referee in terms of section 28C of the Restitution of Land Rights Act; |
| (j) |
the hearing of the case: |
| (i) |
the date, venue or venues and duration of the hearing; |
| (ii) |
the desirability of simultaneously hearing more than one case; |
| (iii) |
the holding of any site inspection or examination; |
| (iv) |
the use of video-conference facilities for any part of the proceedings; |
| (v) |
the duty to begin; and |
| (vi) |
the preparation and delivery of heads of argument; and |
| (k) |
deviations from any of these rules which the expeditious, effective and economical disposal of the case may require. |
| (10) |
The presiding judge may require any party to prepare minutes of any conference, or may himself or herself prepare such minutes. Any order made or direction given by the presiding judge may be incorporated in those minutes. If feasible, the minutes must be submitted to the parties who attended the conference for comment. Thereafter the minutes will (with or without amendments) be certified by the presiding judge, whereupon those minutes will be binding on all parties. |
Older Persons Act, 2006
