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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions relating to All Courts, Court Precincts and Justice Service Points in the Republic of South Africa during Alert Level 3

1. Definitions

 

In these Directions, unless the context indicates otherwise—

 

"Alert level"

means the alert level determined by the Cabinet Member responsible for cooperative governance and traditional affairs in terms of regulation 3 of the Alert level 3 Regulations which applies at a national, provincial, metropolitan or district level or in a hotspot;

 

"Alert level 3 Regulations"

means the regulations published in Government Notice No. 608 of 28 May 2020 which are applicable to Alert level 3;

 

"Annexure"

means the annexure to these Directions;

 

"Commission"

means the Commission of Inquiry into allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State appointed in terms of the Commissions Act, 1947 (Act No. 8 of 1947);

 

"court room"

means a room in which proceedings of a court, commission or special tribunal are conducted and includes judges' chambers, a commissioner's chamber, magistrates' chambers, and audiovisual link or other audiovisual links such as teleconference or video-conference or any other electronic mode linked to a court;

 

"court house"

means a court building or premises demarcated with or without a fence or a wall where a court is built or situated;

 

"court manager"

means an official appointed by the Department of Justice and Constitutional Development or the Office of the Chief Justice, as the case may be, who manages a court house;

 

"Criminal Procedure Act"

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

 

"hotspot"

means a geographical area or cluster of geographical areas referred to in regulation 3 of the Regulations as amended by the Alert level 3 Regulations;

 

"justice service point"

means a centre or an office where family law services or services of the Masters of the High Court are obtainable;

 

"Legal Practice Act"

means the Legal Practice Act, 2014 (Act No. 28 of 2014);

 

"legal practitioner"

means a legal practitioner defined in section 1 of the Legal Practice Act, andincludes a candidate legal practitioner;

 

"NPA"

means the National Prosecuting Authority established in terms of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);

 

"peace officer"

means a peace officer defined in section 1 of the Criminal Procedure Act and includes an enforcement officer as defined in the Regulations;

 

"priority roll"

means the roll of criminal cases that has been prioritised in respect of each court;

 

"SIU"

means the special investigating unit established in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996);

 

"Solicitor-General"

means the solicitor-general appointed in terms of section 2 of the State Attorney Amendment Act, 2014 (Act No. 13 of 2014);

 

"Special Tribunal"

means the special tribunal appointed in terms of the Special Investigating Units and Special Tribunals Act, 1996;

 

"state of disaster"

means the national state of disaster declared by the Minister of Cooperative Governance and Traditional Affairs on 15 March 2020 in terms of section 27(1) of the Disaster Management Act, 2002 (Act No. 57 of 2002); and

 

"the Regulations"

means the Regulations made in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) and published in Government Gazette No.43258 of 29 April 2020 as amended from time to time.