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

Notices

Directions relating to All Courts, Court Precincts and Justice Service Points in the Republic of South Africa during Alert Level 3

8 - 17. Criminal cases and related matters
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8. An audiovisual link, where such a link exists, must be used for postponing cases where accused persons are in custody.

 

9. An audiovisual link may also be used for unopposed bail applications for a charge listed in Schedule 1, 5 or 6 of the Criminal Procedure Act as well as any other process deemed appropriate by the Judicial Officer.

 

10. Where there is no audiovisual link installed between a correctional centre and a court, other alternative audio visual links, such as teleconference or video-conference or any other electronic mode, may be used to postpone cases, where accused persons are in custody.

 

11. A court manager and a head of a correctional centre where the audiovisual link equipment has been installed, must ensure that such a system is at all times in a functional state and must take the immediate and necessary steps for its repair if it becomes dysfunctional.

 

12. A priority roll must be compiled in respect of each court under the direction of the judicial head of the court concerned and the National Prosecuting Authority in consultation with Legal Aid South Africa.

 

13. All matters where children are detained in Child and Youth Care Centres and Correctional Centres, must be brought before court for consideration of continued detention.

 

14. Trials involving awaiting-trial detainees who are being held in Correctional Centres must be prioritised.

 

15. An accused person arrested for a petty offence must be released and warned to appear in court on a future date, unless the matter can be finalised at the first appearance.

 

16. A Peace Officer may issue a contravention notice to a person arrested for contravention of regulation 37(2)(b) of the Regulations and who refused to disperse when ordered to do so, to appear in court on a date determined in the notice.

 

17. Directors of Public Prosecutions must, subject to any directive that the National Director may give, issue such Directives as may be necessary to facilitate and expedite the fixing of bail by prosecutors as permitted in terms of section 59A(1) of the Criminal Procedure Act, 1977.