Superior Courts Act, 2013 (Act No. 10 of 2013)

Notices

Directives issued by the Chief Justice for the Management of Courts during the Lockdown Period

E. Applications
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(i) Unopposed applications

 

10. Subject to what is set out in paragraph 11, there shall be no open court sittings during the lockdown period, save for urgent applications referred to in paragraph B.3, which shall include bail applications.

 

11. Unopposed applications already enrolled for hearing during the lockdown period shall be dealt with in the following manner:
11.1. Matters shall not be dealt with in open court. Where it is inappropriate to proceed with the matters by video conferencing or other electronic means, the matters shall be postponed to dates after the lockdown. Matters suitable to be disposed of without an oral hearing, shall, unless the Judicial Officer concerned determines otherwise, be dealt with on the papers which shall include such written submissions from the parties as may be directed by the Judicial Officer. In instances where oral hearing is to take place, the Judicial Officer may direct that such hearings be by way of video conferencing or other electronic means which are appropriate in the circumstances.
11.2. Any rule nisi with a return date that falls within the lockdown period, and which was granted prior thereto, shall be extended to dates beyond the lockdown period. Where this cannot be achieved, for reasons of urgency, the matters are to be referred to a Judicial Officer on duty to determine the future conduct thereof.

 

12. Urgent applications shall be being dealt with by a Judicial Officer on duty, subject to such directives as she or he may issue.

 

(ii) Opposed applications

 

13. Save where a litigant is unrepresented and he or she does not have access to email, heads of argument are required to be filed electronically.

 

14. The parties shall further endeavour to reach agreement dispensing with the presentation of oral argument and shall, to that end, inform the Judicial Officer presiding in the matter of their decision by no later than noon on the preceding Friday.

 

15. Where the parties have been unable to reach consensus as envisaged in paragraph 14, or where the presiding Judicial Officer directs that argument be presented, the Judicial Officer may further direct that the matter be heard by way of video conferencing or other electronic means which are appropriate in the circumstances, and the Registrar or Clerk of the Court shall provide the parties with relevant information to facilitate the hearing.