Disaster Management Act, 2002
Directions to Address, Prevent and Combat the Spread of COVID-19 in All Courts, Court Precincts and Justice Service Points in the Republic of South Africa (Adjusted Alert Level 3)
Government Notice R73 of 2021
- Published in Government Gazette no. 44133 on 3 February 2021
- Assented to on 29 January 2021
- Commenced on 3 February 2021
- [This is the version of this document from 3 February 2021.]
1. DefinitionsIn these Directions, unless the context indicates otherwise-"Alert Level" means the alert level determined by the Cabinet Member responsible for cooperative governance and traditional affairs in terms of regulation 3(1) of the Regulations published in Government Notice No. R. 480 of 29 April 2020 as amended;"Adjusted Alert Level 3 Regulations" means the Regulations made by the Minister of Cooperative Governance and Traditional Affairs in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 for 2002), published in Government Notice No. 11 of 11 January 2021;"Annexure" means the Annexure to the 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 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 the Office of the Chief Justice, as the case may be, who manages a court house;"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 audio visual link or other audio visual links such as teleconference or videoconference or any other electronic mode linked to a court;"Criminal Procedure Act" means the Criminał Procedure Act, 1977 (Act No. 51 of 1977);"DFI" means the Departmental Financial Instructions;"DOJ&CD" means the Department of Justice and Constitutional Development;"facility" means a stand-alone building comprising of offices or block of offices built or rented for use by the Department at national, regional or district level for carrying-out its mandate, and excludes a court house or a justice service point;"fund holder" means an officer of the Department who manages a budget;"hotspot" means a geographical area or cluster of geographical areas referred to in regulation 3 of the Regulations;"justice service point" means a centre or an office where family law services or services of the Master of the High Court are obtainable;"NPA" means the National Prosecuting Authority established in terms of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);"Office Manager" means an officer who manages or is in charge of a Branch Court, a facility or justice service point;"PFMA" means the Public Finance Management Act, 1999 (Act No. 1 of 1999) and includes Regulations and Instructions issued in terms of the said Act;"priority roll" means the roll of criminal cases that has been prioritised in respect of each court;"protocol" means the protocol issued by the Director-General on the temporary closing of court houses, facilities and justice service points for purposes of decontaminating following a confirmed COVID-19 positive case;"RAP" means the COVID-19 Risk-Adjusted Plan of the DOJ&CD in respect of the different Alert Levels;"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 April 2020, as amended from time to time.
2. ApplicationThese Directions apply to the Adjusted Alert Level 3 in respect of the services listed in the Annexure.
3. Directives issued by Heads of CourtThese Directions must be read with Directives issued from time to time by the Chief Justice and Heads of Court in terms of the Superior Courts Act, 2013 (Act No. 10 of 2013), and any other directive as may be issued by the Chairperson of the Commission or the President of the Special Tribunal.
4. Restriction of services and access to court room, court house or justice service point
5. Criminal cases and related matters
7. Resolution of disputes
8. Safety measures at a court room, court house and justice service point during the period of the national state of disaster
9. Disinfection of court room, court house or justice service pointA court room, or court house or a portion thereof or a justice service point or a portion thereof must be disinfected whenever any officer of court or a member of the public who has tested positive to COVID-19 has been in such a court room, court house or a portion thereof or a justice service point or a portion thereof in line with the applicable protocol.
10. ExclusionA judicial officer who presides over any matter in court may, where the interests of justice so require, order that the application of any provision of these Directions be deviated from.
11. RepealThe directions published by Government Notice No 623 of 02 June 2020 are hereby repealed.
12. CommencementThese Directions come into operation on the date of publication in the Government Gazette.
History of this document
03 February 2021 this version
Published in Government Gazette number 44133
29 January 2021