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

Notices

Directions to address, prevent and combat the spread of COVID-19 in all Courts, Court Precincts and Justice Service Points in the Republic of South Africa under Adjusted 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(1) of the Regulations published in Government Notice No. R. 480 of 29 April 2020 as amended;

 

"Adjusted Alert Level 3 Regulations"

means the Regulations made by the Minister of Cooperative Governance and Traditional Affairs in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 for 2002), published in Government Notice No. 11 of 11 January 2021;

 

"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 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;

 

"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;

 

"Criminal Procedure Act"

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

 

"DFI"

means the Departmental Financial Instructions;

 

"DOJ&CD"

means the Department of Justice and Constitutional Development;

 

"facility"

means a stand-alone building comprising of offices or block of offices built or rented for use by the Department at national, regional or district level for carrying-out its mandate, and excludes a court house or a justice service point;

 

"fund holder"

means an officer of the Department who manages a budget;

 

"hotspot"

means a geographical area or cluster of geographical areas referred to in regulation 3 of the 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;

 

"NPA"

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

 

"Office Manager"

means an officer who manages or in charge of a Branch Court, a facility or justice service point;

 

"PFMA"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999) and includes Regulations and Instructions issued in terms of the said Act;

 

"priority roll"

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

 

"protocol"

means the protocol issued by the Director-General on the temporary closing of court houses, facilities and justice service points for purposes of decontaminating following a confirmed COVID-19 positive case;

 

"RAP"

means the COVID-19 Risk-Adjusted Plan of the DOJ&CD in respect of the different Alert Levels;

 

"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.