26/03/2020
FREE STATE HIGH COURT PRACTICE RULES DURING LOCKDOWN
26 March 2020
Pursuant to the President’s announcement of National Lockdown, read with Delegation of Authority in terms of section 8(3) of the Superior Courts Act 10, 2013. I hereby issue the following directives, effective immediately until midnight 16 April 2020 (lockdown period):
1. Only urgent applications will be issued including matters relating to bail, maintenance and matters involving children.
2. Issuing of all summons and applications are suspended. No new civil matters will be enrolled during the lockdown period.
3. Notices and pleadings including a notice of intention to defend, notice to oppose and pleas should be filed via email at [email protected]; [email protected]; [email protected] . Date of receipt shall be deemed to be the date on which the email was sent. Parties are encouraged to agree on extensions of the dies periods.
4. Civil trials set down during the lockdown period which are not already postponed are automatically postponed to the pre-trial roll of 20 April 2020 for set down for trial.
5. No unopposed motions will be set down for 2, 9 and 16 April 2020. Likewise, no opposed motions will be set down for 16 April 2020. In order to avoid congested motion court rolls, practitioners will be allowed to set down opposed and unopposed motions for 22, 23 and 24 April 2020. Set down in this regard to be done on Friday, 17 April 2020 by 12 noon.
6. The Registrar’s Office and Legal Practitioners must identify all matters set down during the lockdown period and make necessary arrangements with the judge for the postponement thereof. Legal Practitioner may contact the Registrars via email at the addresses set out in paragraph 3 above to make the necessary arrangements.
7. Rule nisi matters returnable during the lockdown period should be extended after appropriate arrangements made through the registrar’s office with the duty Judge.
8. All criminal matters set down for 25 March to 17 April 2020 shall be postponed to a date arranged by the parties. Advocate Lencoe of the DPP’s office should be contacted via email at [email protected] to facilitate the arrangement with the office of the Judge President.
Judge C.J. Musi
Judge President
Free State High Court, Bfn