Covid-19: Essential court services during level 4 lockdown unpacked

The Minister of Justice and Correctional Services, Ronald Lamola has issued directives for level 4 operations in keeping with the national effort to prevent the spread of Covid-19 at justice service points.

The guidelines are as follows:

• A  person who has in the past fourteen days been in contact with, or exposed to another person who has tested positive for Covid-19 except a person who had tested positive but has recovered and subsequently tested negative, may not be allowed to enter a courtroom, courthouse or a justice service point during the state of national disaster.
• Access to the courts is limited to persons with a material interest in a case provided that a judicial officer directs the number of persons in a room be reduced to comply with safety measures and social distancing requirements.

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• Audio-visual links, where these exist must be used for the purposes of postponing cases if the accused are in custody and also in unopposed bail applications. Where there is no audio-visual link installed between the correctional centre and the court, other alternative audio visual communication such as teleconferencing and videoconferencing must be used.
• All criminal cases enrolled during alert level 4 must be postponed, save for prioritised cases or trials, those taking place within the context of the permitted services stipulated within the regulations or where special arrangements have been made with the judicial officer hearing the matter.
• Among others, trials relating to corruption, sexual offences, Gender Based Violence and Femicide (GBVF), serious violent crimes, robbery, murder and violation of Covid-19 regulations will be prioritised.
• Matters where children are detained in child and youth care centres as well as correctional centres must be brought before the court for consideration of continued detention.
• Civil cases that are not identified as urgent may not be placed on the court roll. However, judicial officers may authorise matters on the court roll to be heard through teleconference and videoconference means.
• Among others, child and spousal maintenance proceedings; protection orders in terms of the Domestic Violence Act (1998) or the Protection from Harassment (2011); foster care applications and hearings; matters in respect of the care and contact as of children, international child abduction cases and adoption applications and hearings will be heard.
• Service of processes and execution of writs and warrants by sheriffs must be limited to cases which are urgent or permitted services.
• A judicial officer who presides over a matter in court may, where the interests of justice require, order that application of any provision of these direction be deviated from.
• Continue services rendered by the Offices of the Master of the High Court include payments to natural guardians, tutors and curators, or for and on behalf of minors and persons under curatorship as well as the processing of documentation required for the burial of a deceased person and the urgent appointment of curators.
• The provision of legal aid by Legal Aid South Africa is limited to permitted services, including telephonic advice services. The call centre number is 0800 110 110.
• Every court manager or manager of a service point or any person managing the court must ensure that there is adequate supply of sanitisers and soap for people to wash and sanitise their hands. Everyone entering the court premises must at all times wear a cloth mask and observe social distancing requirements.

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