COURT DIRECTIVE RELATING TO THE MANAGEMENT OF CASES DURING THE SECOND COURT TERM, 1 MAY TO 31 MAY 2020, INCLUSIVE: SUPREME COURT OF APPEAL (24 APRIL 2020 DIRECTIVE)
1. This directive is issued pursuant to the directives issued by the Chief Justice on 17 March 2020 and 17 April 2020, and by virtue of the authority vested in the Heads of Court in terms of s 8(4)(b) of the Superior Courts Act 10 of 2013, and comes into effect today, 24 April 2020. It is informed by the Government's call to adopt precautionary measures and limit physical contact among persons to minimize the risk of transmission of Covid-19.
2. Whilst the court building shall remain open for essential work, there shall be no physical court sittings in the Supreme Court of Appeal during the May 2020 court term.
3. Remote hearings are envisaged and the parties whose cases are enrolled for hearing during the May 2020 court term and all other interested parties shall, in appropriate practice directives, be advised in due course of the precise manner in which the hearings shall be conducted including the web-based video conferencing platform that will be used. Participants will then be required to provide the registrar with the necessary contact details in advance of the hearing dates.
4. If any party is of the view that an in person oral hearing cannot be dispensed with, such party will be directed to make representations in writing to the registrar as to why the appeal requires an in person oral argument and the presiding judge will issue an appropriate directive, including, if necessary, an order that the matter be adjourned sine die.
5. Parties wishing to have their matters disposed of without the hearing of oral argument, in terms of s 19(a) of the Superior Courts Act 10 of 2013, shall notify the registrar of that intention immediately after they reach agreement and may, with the leave of the presiding judge, each file supplementary written submissions not exceeding 10 pages within 7 days of their agreement.
PRESIDENT OF THE SUPREME COURT OF APPEAL
Dated at Bloemfontein on 24 APRIL 2020