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

Notices

Directions : Management of Courts

D. Civil Trials
Purchase cart Previous page Return to chapter overview Next page

 

4. Subject to the provisions of paragraphs 6 and 7, all civil trials enrolled for hearing during the period of the national state of disaster may be removed from the trial roll, and their re-enrolment shall be in accordance with a procedure determined by the Head of Court.

 

5. The Head of Court or, as the case may be, the Registrar or Clerk of the Court, may either—
5.1. re-enrol the matters for hearing on the earliest available suitable dates; or
5.2. direct that the parties apply for fresh set down dates in which case, the legal representatives of the parties shall, in the spirit of cooperation, confer with one another with a view to agreeing on suitable alternative trial dates and shall, upon reaching agreement, apply to the Registrar or Clerk of the Court for suitable dates as are available to be allocated.

 

6. Should the parties be unable to reach agreement as contemplated in paragraph 5.2, either party may request that the matter be placed before a case management Judicial Officer in order to facilitate the expeditious re-enrolment of the matter.

 

7. Cases not removed from the roll and those re-enrolled in accordance with paragraphs 5 and 6, shall be dealt with in accordance with a procedure determined by the Head of Court.

 

8. The parties shall further inform the Registrar or Clerk of the Court of any matter that is capable of settlement.

 

9. When a matter has become settled during the period of the national state of disaster, and the parties are in agreement on the terms of the order, the Registrar or Clerk of the Court may be requested to place the matter before a Judicial Officer for the granting of an order. The Judicial Officer may then deal with the matter in a manner that she or he deems appropriate.