By Kgomotso Ramotsho

The office of the Judge President Gauteng Division of the High Courts of South Africa, released a new Practice Note that intends to remove unnecessary delays in criminal trails and introduce necessary enhancements, as well as trial dates.

The Practice Note states that amendments to the process and procedures set out in it will be considered on an ongoing basis in light of the experience gained by all participants in the course of the application of the Practice Note. All criminal trials shall be preceded by a pre-trial conference to be held in terms of the Practice Note.

The Practice Note also states that all trials transferred from the magistrates’ courts to the High Court roll for the first time shall be subject to a pre-trial conference. In terms of the Practice Note all notifications regarding the holding of pre-trail conferences, as well as other related matters, where necessary will be issued by the Chief Registrar.

Furthermore, pre-trial conferences held in terms of the new Practice Note will be presided over by judges designated by the Judge President and the pre-trial conference in all cases must be attended by –

• the accused;
• the legal representative of the accused; and
• a representative of the Director of Public Prosecutions.

It also states that all parties may seek directives from the judge presiding in any pre-trial conference in regard to the implementation of any pre-trial procedures.

The new Practice Note applies to all criminal trials to be heard in the Gauteng Division, Gauteng Local Division, and Gauteng Division Acting as the Mpumalanga Division of the High Court. The Practice Note took effect on 7 October.

Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.

This article was first published in De Rebus in 2016 (Dec) DR 25.