Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)RulesSpecial Tribunals Rules19. Judicial Case Management Conference |
| (1) | The primary objective of these Rules is to ensure the expeditious and cost-effective disposal of matters before the Tribunal which may, in a fitting case, include the abandonment of the application of any rules of evidence in accordance with section 9(3) of the Act. |
| (2) | All matters in the Tribunal shall be subject to judicial case management. |
| (3) | The President shall assign one or two members to preside in any matter brought before the Tribunal and to case manage such a matter until its finalisation. |
| (3) | Ordinarily, the Member so assigned to a matter shall, either sitting alone or together, determine all interlocutory matters and the merits thereof. |
| (4) | As soon as is reasonably possible after the assignment of a matter to one or two Members of the Tribunal, the first case management conference must be held at a time, date and place determined by either one or both Members. |
| (5) | At the first case management conference, the following general matters must be canvassed: |
| (a) | Preliminary identification of the issues subject to further definition in the pleadings; |
| (b) | The timetable for the expeditious conduct and finalisation of the proceedings, including whether the following should be delivered and the applicable timeline in regard thereto: |
| (i) | Further pleadings in the case of an action or affidavits in the case of an application; |
| (ii) | In the case of an action |
| (A) | Discovery; |
| (B) | Witness statements by every witness which each party intends calling at the trial, which shall constitute, save with the leave of the President or the presiding member, the evidence in chief of the particular witness; |
| (C) | Expert Reports; |
| (D) | Hearing Bundles; and |
| (iii) | The date of the second case management conference |
| (c) | The appropriate electronic means of communication and the exchange and filing of documents; |
| (d) | Date, estimated duration and venue of the substantive hearing; |
| (e) | Any other items that a party may wish to raise at the first case management conference; and |
| (f) | The estimated date for the handing down of the Tribunal's judgment which should, ordinarily, be within thirty (30) days of the substantive hearing. |
| (6) | The minute of the first case management conference shall be produced by the applicant/plaintiff or its legal representative unless otherwise directed by the President or the Members assigned to the specific matter. |
| (7) | Such a minute shall be signed on behalf of all the parties to the cause and the following shall appear therefrom: |
| (a) | the date, place and duration of the case management conference and the names of all persons in attendance and their respective capacities; and |
| (b) | all the procedural and substantive matters discussed at the first case management conference, agreements reached, and directives given at the conference. |
| (8) | A second case management conference shall be held at which the parties shall present either an agreed list of triable issues or, absent agreement, each party's identification of the triable issues. |
| (9) | All interlocutory matters, if any, shall be dealt with at the second case management conference or at any postponed date thereof, such interlocutory matters to include a determination on the triable issues, absent agreement between the parties in regard thereto. |