Statistics Act, 1999
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)RulesSpecial Tribunal Rules19. Judicial Case Management |
| (1) | The primary objective of these Rules is to ensure the expeditious and cost-effective disposal of matters before the Tribunal which may, in a fitting case, include the abandonment of the application of any rules of evidence in accordance with section 9(3) of the Act. |
| (2) | All matters in the Tribunal shall be subject to judicial case management. |
| (3) | The Tribunal President shall assign one or two Members to preside in any matter brought before the Tribunal and to case-manage such a matter until it is ready for hearing. |
| (4) | Ordinarily, the Members so assigned to a matter shall, either sitting alone or together, determine all interlocutory matters and the merits thereof. |
| (5) | As soon as is reasonably possible after the assignment of a matter to a Member or Members of the Tribunal, the first case management conference must be held at a time, date and place determined by both Member and Members. |
| (6) | At the first case management conference, the following general matters must be canvassed: |
| (a) | Preliminary identification of the issues subject to further definition in the pleadings; |
| (b) | The timetable for the expeditious conduct and finalisation of the proceedings, including whether the following should be delivered and the applicable timeline in regard thereto: |
| (i) | Further pleadings in the case of an action or affidavits in the case of an application; |
| (ii) | In the case of an action: |
| (A) | Discovery; |
| (B) | Summary of evidence by every witness which each party intends to call at the trial; or a statement by the witness each party intend to call; or an affidavit deposed to under oath by a witness which each party intends to call to testify at trial: Provided that in the case of delivery of an affidavit deposed to under oath by a witness, such affidavit shall be binding on the witness. |
| (C) | Expert Reports; |
| (D) | Hearing Bundles; and |
| (iii) | The date of the second case management conference. |
| (c) | The appropriate electronic means of communication and the exchange and filing of documents; |
| (d) | Date, estimated duration and venue of the substantive hearing; |
| (e) | Any other items that a party may wish to raise at the first case management conference. |
| (7) | The minute of the first case management conference shall be produced by the applicant/plaintiff or its legal representative unless otherwise directed by the Tribunal President or the Member or Members assigned to the specific matter. |
| (8) | Such a minute shall be signed on behalf of all the parties to the case and the following shall appear therefrom: |
| (a) | the date, place and duration of the case management conference and the names of all persons in attendance and their respective capacities; and |
| (b) | all the procedural and substantive matters discussed at the first case management conference, agreements reached, and directives given at the conference. |
| (9) | A second case management conference shall be held where the parties shall present either an agreed list of triable issues or, absent agreement, each party’s identification of the triable issues. |
| (10) | All interlocutory matters, if any, shall be dealt with at the second case management conference or at any postponed date thereof, such interlocutory matters to include a determination on the triable issues, absent agreement between the parties in regard thereto. |
