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New Directives Effective from 23 January 2023 Eastern Cape High Court [2023] ZARC 1 (23 January 2023)

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TEL: 046-603 5000                                                 JUDGE PRESIDENT’S CHAMBERS

FAX: 086 5077 535                                                HIGH COURT, PRIVATE BAG X1011

Email: SMbenenge@judiciary.org.za               MAKHANDA

                                                                                 6140

DIRECTIVE ON DELIVERY OF JUDGMENTS

1.            Judgments not delivered ex tempore immediately upon the finalisation of a hearing shall be handed down in motion court on a Tuesday specified by the Judge concerned. To that end, all efforts shall be made to enrol the matter as a judgment for delivery.

2.            In the event that exigencies of the matter require otherwise, judgments not delivered extempore or on a Tuesday shall be delivered in open court on any other day, provided that the Judge concerned shall specify the time and date to the parties in writing.

3.            In addition, it shall be available to a Judge to transmit to the parties by electronic mail a copy of the judgment in portable document format, after the delivery of the judgment in open court.

4.            This Directive is effective from today.

S M MBENENGE

JUDGE PRESIDENT: EASTERN CAPE

23 JANUARY 2023

DIRECTIVE REPEALING DIRECTIONS FOR THE MANAGEMENT OF THE HIGH COURT, EASTERN CAPE DURING THE NATIONAL STATE OF DISASTER

WHEREAS, acting in terms of section 27(1 )(a) of the Disaster Management Act 57 of 2002 ('the Act'), the Minister of Cooperative Governance and Traditional Affairs, by Government Notice 313 published under Government Gazette 43096 of 15 March 2020, declared a national state of disaster, having recognised that special circumstances existed to warrant such declaration;

WHEREAS, on 12 May 2020, I issued Directions for the Management of the High Court, Eastern Cape during the national state of disaster (the Disaster Management Directions);

WHEREAS, the declaration of the national state of disaster was extended by the Minister in terms of section 27(5)(c) of the Act at one-month intervals to 15 April 2022; and

WHEREAS, the Minister by Government Notice RI988 published under Government Gazette 46197 on 4 April 2022 terminated the national state of disaster,

NOW, THEREFORE:

(a)          The Disaster Management Directions are hereby repealed with immediate effect.

(b)          Notwithstanding the repeal of the Disaster Management Directives, it shall be incumbent on all persons entering the court's premises to observe any measures and protocols that may, from time to time, be prescribed by the relevant regulatory authorities to curb the spread of communicable diseases.

(c)          Nothing, in this Directive, shall be construed as derogating from the High Court's inherent power to protect and regulate its own process, taking into account the interests of justice.

S M MBENENGE

JUDGE PRESIDENT: EASTERN CAPE

23 JANUARY 2023

DIRECTIVE ON CIVIL TRIALS AND ROLL CALL

1.          The roll call of civil trials set down for hearing during a particular term shall no longer be held four weeks in advance, but on a Friday two weeks before the week during which the trial has been set down.

2.          In order to facilitate the decision of the roll call Judge, the parties shall, 5 days prior to the date on which the roll call will be held, file a joint practice note, together with the requisite trial readiness checklist (Form 2). The practice note shall address the following:

2.1         the position of each party with regard to the trial readiness of the matter;

2.2        any outstanding matter(s), procedurally or otherwise, which potentially may prevent the matter from proceeding to trial;

2.3         whether the matter is capable of settlement and should remain on the trial roll for that purpose;

2.4         a clear and concise statement of any outstanding issues for determination;

2.5         as contemplated m Uniform rule 37A(l O)(e), an identification of witnesses each party intends calling and, in broad terms, the nature of the evidence to be given by each such witness;

2.6         whether the outstanding issues are capable of determination without the hearing of oral evidence, in which event, if the parties agree that the matter be determined without hearing oral evidence, they shall be required to set out a statement of the agreed facts upon which oral argument is to be addressed.

3.            Should any party fail or be unwilling to comply with paragraph 2, the other party must file the practice note together with the reasons why the joint practice note could not be filed.

4.            This Directive is effective from today.

S M MBENENGE

JUDGE PRESIDENT: EASTERN CAPE

23 JANUARY 2023