South Africa: Rules and Practice Notes of Superior Courts

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[2023] ZARC 18
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Gauteng Division, Johannesburg Directive as to mode of hearings in Johannesburg High Court with immediate effect [2023] ZARC 18 (13 January 2023)
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OFFICE OF THE DEPUTY JUDGE PRESIDENT
(HIGH COURT OF SOUTH AFRICA, GAUTENG DIVISION, JOHANNESBURG)
OFFICE 1210
Telephone number: 011 335 0116/011 335 0162 / 011 335 0163
Fax number: (011) 335 0219
e-mail address: Secretarydjp@judiciary.org.za / LTulleken@judiciary.org.za
N O T I C E
TO:
1. Judges of the Gauteng Division, Johannesburg
2. Chief Registrar, Gauteng Division, Johannesburg
3. Legal Practice Council – Gauteng
4. Law Society of South Africa
5. Gauteng Family Law Forum
6. Gauteng Attorneys Association
7. Pretoria Attorneys Association
8. Johannesburg Attorneys Association
9. West Rand Attorneys Association
10. South African Black Women in Law
11. National Association of Democratic Lawyers
12. Black Lawyers Association
13. South African Women Lawyers Association
14. South African Medical Malpractice Lawyers Association
15. Personal Injury Plaintiff Lawyers Association
16. South African Medico-Legal Association
17. Office of the Director of Public Prosecutions, Pretoria and Johannesburg
18. Office of the State Attorneys, Pretoria and Johannesburg
19. Solicitor General
20. Office of the Family Advocate, Pretoria and Johannesburg
21. Legal Aid South Africa
22. Johannesburg Society of Advocates
23. Pretoria Society of Advocates
24. Gauteng Society of Advocates
25. Pan African Bar Association of South Africa
26. General Council of the Bar of South Africa
27. National Bar Council of South Africa
28. South African Bar Association
29. National Forum of Advocates
30. North Gauteng Association of Advocates
31. Church Square Association of Advocates
32. Advocates for Transformation
33. Legal Division of the Department of Health: Gauteng
34. Legal Division of the Department of Sport, Arts, Culture and Recreation
35. Gauteng Department of Agriculture and Rural Development
36. Legal Services - Gauteng Provincial Department of Education
37. Gauteng Society of Advocates
DATE : 13 January 2023
RE : DIRECTIVE AS TO MODE OF HEARINGS IN THE JOHANNESBURG HIGH COURT WITH IMMEDIATE EFFECT
1. Regrettably it has become necessary to issue new directives concerning the holding of physical and video-link hearings. This is the result of the effect of Eskom load-shedding on the court building and the failure of the Office of the Chief Justice (OCJ) and the Department of Public Works to provide the court with a reliable generator which could cover the periods of outages.
2. Effective immediately, the default mode for hearing of all matters shall be by video-link.
3. The presiding judge may vary this mode where this is appropriate, in consultation with the parties. In the unopposed courts where multiple matters are heard, such consultation is not feasible, and if the judge decides to vary the hearing to be physical, an ad hoc directive shall be issued by that judge on the Friday before the relevant week.
4. In trials where the parties are able to offer a suitable alternative venue to the satisfaction of the judge seized of the matter, they are encouraged to do so.
5. This arrangement shall continue until the OCJ and the Department of Public Works can provide appropriate back-up facilities to cater for load-shedding. No indication can be given of when that might eventuate, if at all.
6. On behalf of the Judiciary and the Registry staff, I offer an apology for the grossly inadequate service being made available to the litigating public. I appeal to the profession to endure the disruption and inconvenience with patience.
Yours faithfully
Dictated by the Deputy Judge President Electronically transmitted, therefore no signature
ROLAND SUTHERLAND DEPUTY JUDGE PRESIDENT