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

Notices

Directions to prevent the spread of COVID-19 in all Courts, Court Precincts and Justice Service Points in the Republ

5. Civil Cases
Purchase cart Previous page Return to chapter overview Next page

 

(a) Cases that are not identified as urgent and essential services shall not be placed on the court roll for the duration of the period of lockdown, provided that Heads of Court shall retain the discretion to authorise the hearing of matters through teleconference or video conference or any other electronic mode, which dispenses with the necessity to be physically present in a courtroom.

 

(b) The Chief Registrar or Clerk of the Court, as the case may be, must inform the parties and their legal representatives of the new court date in writing.

 

(c) All time limits imposed by any rule of court shall be suspended and shall recommence after the termination or lapsing of the period of the National State of Disaster, unless specific orders are granted by judicial officers in urgent and essential cases.

 

(d) Where the return date of an application, excluding those mentioned in 8(c) below, falls during the lockdown, such date shall be extended up to one month after the end of the lockdown.

 

(e) Service of process and execution of writs by sheriffs shall be limited to cases which are urgent and essential, including:
(i) Service and execution of Court orders relating to COVID-19;
(ii) Service of domestic violence protection orders;
(iii) Service of protection from harassment orders;
(iv) Service of process relating to claims prescribing;
(v) Service of urgent court process relating to court hearings scheduled during lockdown;
(vi) Service of urgent court process in family law matters as determined in these directions; and
(vii) Service and execution of other process as directed by the Department of Justice and Constitutional Development, the South African Board for Sheriffs or Heads of Courts.

 

(f) All evictions and execution of attachment orders, both movable and immovable, including the removal of movable assets and sales in execution is suspended with immediate effect for the duration of the lockdown.