Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesDirections 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 under Adjusted Alert Level 35. Criminal cases and related matters |
| (1) | An audiovisual link, where such a link exists, must be used for— |
| (a) | the postponement of cases; |
| (b) | the hearing of bail applications; and |
| (c) | any other proceedings where the Presiding Officer deems it appropriate and that to do so would— |
| (i) | prevent unreasonable delay; |
| (ii) | save costs; and |
| (iii) | make it unnecessary for the person to appear in person in the court room. |
| (2) | 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. |
| (3) | Where there is no audiovisual link installed between a correctional centre and a court, other alternative audiovisual links such as teleconference or video-conference or any other electronic mode may be used to postpone cases where accused persons are in custody. |
| (4) | A priority roll must be compiled in respect of each court under the direction of the Presiding Officer concerned and the NPA and Legal Aid South Africa must be consulted in this regard. |
| (5) | 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. |
| (6) | Trials involving awaiting-trial detainees who are being held in Correctional Centres must be prioritised. |
| (7) | A Peace Officer may issue a contravention notice to any person arrested for any offence specified in the Regulations to appear in court on a date determined in the notice. |
| (8) | Directors of Public Prosecutions may, subject to any directive that the National Director of Public Prosecutions 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. |