A directive issued by Western Cape Acting Judge President Patricia Goliath last week spelt out conditions for hybrid court hearings.

The court has embraced virtual sittings as a possible permanent fixture, but only in certain justified situations.

This follows the hasty Covid-19 pandemic pivot to Zoom and Teams hearings, which eventually became a viable alternative to in-person court cases.

A News24 report says Goliath, in her directives of 2 October, stated the default rule was that all hearings should revert to open court.

That is in line with SA's policy of transparency of justice and access to courts.

During the Covid-19 pandemic, this right was severely curtailed due to social distancing regulations. Prisoners awaiting trial languished in jail as cases were put on hold. Many courts already have what detainees awaiting trial call ‘court TV’ – a live feed from a prison office to a court used for quick postponements.

Using Zoom and Teams elevated this to a useful tool for court cases.

However, this cut the public out unless proceedings were broadcast live or a journalist could obtain a link. Some observers also noted there was no opportunity to study body language or subtle nuance in a hybrid or completely virtual sitting.

So even though it's back to the long hard benches – and no more arguing in pyjamas – with enough notice and justification, a hybrid sitting is still an option.

The News24 report notes a hybrid sitting is when some parties are in court, and others join online via Teams or Zoom. Goliath wrote that consideration would be given for a hybrid hearing to parties or witnesses who do not live in the Western Cape and where the parties can't afford the travel costs to the province or are elderly or ill.

‘Pure convenience of legal representatives shall not be a deciding factor,’ she ordered.

The person applying to go hybrid must ensure all the parties have a good internet connection. The directives set out how links are to be obtained and shared. Recordings of all virtual hearings must be saved in MP3/MP4 format and forwarded immediately to the control room for storage.

That recording will be considered the official court record.

Full News24 report