Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesDirections : All Courts, Court Precincts and Justice Service Points in the Republic of South Africa9. Travel by officers of court during lockdown |
| 9.1 | Legal Practitioners: |
| (a) | Legal practitioners who are engaged in litigation processes during the lockdown must seek a permit authorising them to do so from the Provincial Director of the relevant Provincial Legal Council. |
| (b) | A permit so issued constitutes a permit to perform an essential service referred to in Annexure B item B16 to the Regulations and may be issued only to practicing legal practitioners as defined in sections 24 and 30 of the Legal Practice Act. |
| (c) | A legal practitioner may only be issued with the abovementioned permit if he or she is appearing in a matter enrolled for hearing and is classified as urgent in terms of these Directions. |
| (d) | A legal practitioner may only utilise a permit in conjunction with a form of identification referred to in paragraph 9.2(b)(ii). Such identification includes confirmation by the relevant Provincial Director that the practitioner is on the Council's list of practicing legal practitioners. |
| (e) | The identification referred to in subparagraph (d) must be presented when the permit is used, failing which the practitioner seeking to rely on the permit must return to her or his residence in accordance with Regulation) l B(1)(a)(i) for the duration of the lockdown. |
9.2
| (a) | Enforcement officers must allow Judges, Magistrates and sheriffs to commute during the lockdown for purposes of performing urgent and essential services, upon presentation of proof of appointment to such office. |
| (b) | A Legal practitioner who is unable to obtain a permit referred to in paragraph 9.1(b) must be allowed to commute between his or her place of residence and the court at which he or she is required to appear for purposes of attending to urgent and essential matters, upon presentation of the following documents: |
| (i) | An original or certified copy of the practitioner's admission certificate; |
| (ii) | proof of identification; and |
| (iii) | confirmation from the registrar or clerk of the relevant court that the matter is on the court roll for that particular day, that the practitioner is on record as the official legal representative in the particular matter and that the matter is urgent or essential. |
| (c) | A legal practitioner may only be allowed to commute from his or her place of residence to a police station for purposes of arranging for police bail if the investigating officer of the case concerned confirms that such arrangements for police bail have been made, and the provisions of paragraph 9.1(b) or 9.2 (b)(i) and (ii) above, are complied with. |
| (d) | Sheriffs must be allowed to commute between their places of residence and the area of service of process at which they are required to appear for purposes of attending to urgent and essential matters, upon presentation of the following documents: |
| (i) | an original or certified copy of their appointment certificate; |
| (ii) | proof of identification; and |
| (iii) | original document/s to be served. |