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WHAT COURT SERVICES TO EXPECT DURING LOCKDOWN LEVEL 4

Attorneys are now able to resume practising during the level 4 Lockdown and with that, the Courts have now resumed some of their services.

Below is a short summary of the services which have resumed in CIVIL MATTERS. The full list of services which have now resumed under level 4 lockdown, including those related to CRIMINAL and FAMILY LAW MATTERS, can be viewed on our website www.slkb.co.za.

LEVEL 4 COURT SERVICES:

  • Civil matters than can be dealt with online, telephonically or in writing; 
  • Urgent motion applications and civil trials including COVID 19 related cases;
  • Alternative Dispute Resolution Mechanisms;
  • Taxations(i.e. the vetting and taxing of legal costs awarded to a party in litigation matters)
  • Debt Review applications and trials;
  • Divorce Proceedings, including Rule 43 applications in the High Court and Rule 58 applications in  the Regional Court
  • Unopposed interlocutory applications (i.e. those applications in any proceedings which are incidental to the main proceeding) and trials;
  • Issuing of all court process and proceedings and filing of papers relevant to pending proceedings;
  • Applications for leave to appeal, Appeals and reviews;
  • All unopposed civil actions or motions;
  • Ex parte applications (i.e. applicantions which need not be served on another party
  • Endorsement of powers of attorney.


Save for above, Civil cases that are not identified as urgent or permitted services in terms of the Directive may not be placed on the court roll during Level 4 lockdown subject to the discretion of Judicial Officers to authorise the hearing of all matters on a court roll including through teleconference or videoconference or any other electronic mode.

WRITS AND WARRANTS
Service of processes and execution of writs and warrants by sheriffs are limited during level 4 lockdown to cases which are urgent or permitted services, including the following:

  1. service and execution of court orders relating to COVID-19;
  2. service of domestic violence protection orders;
  3. service of protection from harassment orders;
  4. service of urgent court process relating to court hearings scheduled during Alert Level 4; 
  5. service of urgent court processes in family law matters as determined in these Directions; and
  6. service of any other process in respect of permitted services.

The execution of warrants of execution, including evictions and all attachment and removal of property remain largely suspended under Level 4 Lockdown. 


OUR OPINION

We are of the opinion that the above services with certainly start alleviating  some of the backlog that has been created due to the national lockdown and it means that we will once again be in a position to, at the very least, ensure that legal proceedings may be instituted on behalf of our clients.   

For any information or a consultation on an urgent matter contact Anthony aps@slkb.co.za / 079 876 2334