The SCA is about to dispense justice in the virtual world, a decision forced on it by lockdown restrictions. SCA president, Judge Mandisa Maya, notes, in a letter to attorneys, the GCB, Bar councils, law societies and the Legal Practice Council, that there will be no SCA physical hearings during May.

However, parties with matters set down for hearing during the term will be invited to indicate if they wish to have their matters disposed of without oral argument in terms of s 19(a) of the Superior Courts Act 10 of 2013.

‘Those amenable to this course may, with the leave of the presiding judge, file brief supplementary heads of argument, if so advised. The presiding judge will specify the length of and fix the date for the filing of the supplementary heads,’ notes Maya’s statement.

It is anticipated hearings will proceed via web-based video conferencing, but those believing an oral hearing is indispensable ‘will be directed to make representations in writing to the Registrar as to why the appeal requires an in-person oral argument and the presiding judge will issue an appropriate directive, including, if necessary, an order that the matter be adjourned sine die’.

Maya says the SCA has asked the IT department at the Office of the Chief Justice ‘to rapidly upscale our IT infrastructure’, which, once completed, will be shared with the profession.

The statement adds: ‘Participants will then be required to provide the Registrar with the necessary contact details in advance of the hearing date.’

The SCA recognises there will be challenges for participants in this process, but says this course is ‘preferable to the business of the court being suspended indefinitely’. Urgent feedback on the proposals is urged.

The Eastern Cape High Court (Port Elizabeth) for the first time yesterday used video streaming app Zoom to hear certain matters, says a report in The Herald.

Judge Glenn Goosen said the first live, video-streamed motion court proceedings ‘ran fairly smoothly’.

‘As far as possible, courts need to continue during the lockdown. Generally, the technology worked well (and) hopefully we can continue with the work of the court,’ Goosen said.

‘There will be challenges with technology, but we will overcome this (and) the initial effort went reasonably well,’ he added.

Full report in The Herald (subscription needed)