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Judicial Records Prepared and Presented by: Gladstone K. Hlalakuhle.

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Presentation on theme: "Judicial Records Prepared and Presented by: Gladstone K. Hlalakuhle."— Presentation transcript:

1 Judicial Records Prepared and Presented by: Gladstone K. Hlalakuhle

2 Definition These are the primary source of economic and social history, within the nation, in addition to the legal content. These are the primary source of economic and social history, within the nation, in addition to the legal content. Reveal about the daily life, circumstances, occupations and concerns of the citizens. Reveal about the daily life, circumstances, occupations and concerns of the citizens. The records of the courts reveal specific information about business practices and other economic data. The records of the courts reveal specific information about business practices and other economic data.

3 Definition cont. Public Record: Any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency, including, but not limited to, an agreement in settlement of litigation. Public Record: Any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency, including, but not limited to, an agreement in settlement of litigation. Public Record: Shall not include records owned by a private person or entity and are not related to functions or operations funded by public funds and maintained by an individual. Public Record: Shall not include records owned by a private person or entity and are not related to functions or operations funded by public funds and maintained by an individual.

4 Types of Records Criminal records Criminal records Civil Records Civil Records Sheriff Records Sheriff Records Records which document court actions during the term or sessions of the courts at all levels are referred to as Dockets, Records and Case Files. Records which document court actions during the term or sessions of the courts at all levels are referred to as Dockets, Records and Case Files.

5 Non-Permanent Records Records which have no significant operational, informational or evidential value. They can therefore be destroyed as soon as they have served their primary purpose. Records which have no significant operational, informational or evidential value. They can therefore be destroyed as soon as they have served their primary purpose. Announcements and notices of meetings and other events Announcements and notices of meetings and other events Requests for stock information, travel directions, brochures, etc. Requests for stock information, travel directions, brochures, etc. Requests and confirmations of, reservations for internal services – rooms, car parking space, etc. Requests and confirmations of, reservations for internal services – rooms, car parking space, etc.

6 Transmission of documents: letters, Fax cover sheets, messages, compliment slips and similar items which accompany documents but do not add value to them. Transmission of documents: letters, Fax cover sheets, messages, compliment slips and similar items which accompany documents but do not add value to them. Message slips Message slips Personal diaries, address books, etc. Personal diaries, address books, etc. Working papers – where the results have been written into an official document and which are not required to support it. Working papers – where the results have been written into an official document and which are not required to support it.

7 Published or reference materials received from other parts of the institution or other external organisations which require no action and are not needed for record purposes (newsletters, flyers, etc). Published or reference materials received from other parts of the institution or other external organisations which require no action and are not needed for record purposes (newsletters, flyers, etc).

8 Records Management Preparation and maintenance of an inventory of each record series in the custody of the agency in cooperation with the archives staff. Preparation and maintenance of an inventory of each record series in the custody of the agency in cooperation with the archives staff. Preparation and submission of retention and disposition schedules for the state agency records for approval or modification to the state records board in cooperation with the archives staff. Preparation and submission of retention and disposition schedules for the state agency records for approval or modification to the state records board in cooperation with the archives staff. Periodical reviews of the state records, retention and disposition schedules. Periodical reviews of the state records, retention and disposition schedules.

9 Submission of requests to the state records board for any needed modifications. Dissemination of pertinent information regarding records management to appropriate government agencies. Implementation of agency records management policies and procedures with the assistance of the archives staff to ensure compliance with all applicable state statutes and regulations. Submission of requests to the state records board for any needed modifications. Dissemination of pertinent information regarding records management to appropriate government agencies. Implementation of agency records management policies and procedures with the assistance of the archives staff to ensure compliance with all applicable state statutes and regulations.

10 Official Documents in the Tribunal Original documents which are integral to the Tribunals proceedings and are issued by the Tribunal. Original documents which are integral to the Tribunals proceedings and are issued by the Tribunal. Original documents for the Chambers bearing the signature of a Judge or Judges, and the Seal of the Tribunal, e.g Decisions, Orders and Judgments. Original documents for the Chambers bearing the signature of a Judge or Judges, and the Seal of the Tribunal, e.g Decisions, Orders and Judgments. Original documents issued by the Office of the Prosecutor bearing the signature of the Prosecutor, or his delegate, and the stamp of the Office of the Prosecutor. Original documents issued by the Office of the Prosecutor bearing the signature of the Prosecutor, or his delegate, and the stamp of the Office of the Prosecutor.

11 Original documents issued by the Court Management Section bearing the signature of the Registrar, or his delegate and the stamp of the Tribunal. Original documents issued by the Court Management Section bearing the signature of the Registrar, or his delegate and the stamp of the Tribunal. All documents concerning cases before the Tribunal which are sent to the Tribunal by the Parties. All documents concerning cases before the Tribunal which are sent to the Tribunal by the Parties. Translation of the original documents duly certified by the Translation Unit of the Tribunal. Translation of the original documents duly certified by the Translation Unit of the Tribunal.

12 Case Files Shall contain all documents pertaining to each case brought before a Judge or Chamber. Shall contain all documents pertaining to each case brought before a Judge or Chamber. Where a document is issued in one single copy but relevant to two or more files, a certified copy of the original document shall be inserted in the relevant file(s). Where a document is issued in one single copy but relevant to two or more files, a certified copy of the original document shall be inserted in the relevant file(s). Each document shall be numbered in a chronological order, and filed in accordance with the instructions for the Court Management Section. Each document shall be numbered in a chronological order, and filed in accordance with the instructions for the Court Management Section.

13 The title and reference number of each document inserted in a folder must be noted in the indexes (public or confidential) of the relevant case file. The title and reference number of each document inserted in a folder must be noted in the indexes (public or confidential) of the relevant case file. Documents in more than one language shall be filed with the instructions for the Court Management Section. Documents in more than one language shall be filed with the instructions for the Court Management Section. When a document is filed with the Court Management Section, the Section shall make the appropriate arrangements for its translation into the working languages of the Tribunal. When a document is filed with the Court Management Section, the Section shall make the appropriate arrangements for its translation into the working languages of the Tribunal.

14 The Court Management Section shall ensure that electronic copy of a document is filed simultaneously with the filing of the document. It shall request the person filing the document to provide electronic copy if he has not already done so. The Court Management Section shall ensure that electronic copy of a document is filed simultaneously with the filing of the document. It shall request the person filing the document to provide electronic copy if he has not already done so. The electronic copy shall then be transmitted to the person responsible for the Tribunals Website or the purposes of review and loading onto the Homepage. The electronic copy shall then be transmitted to the person responsible for the Tribunals Website or the purposes of review and loading onto the Homepage.

15 If possible, the Court Management Section will establish a copy set for each file which shall be stored away from the Tribunals facilities and shall be certified in accordance with the procedure set down by the relevant Article of the Directive. If possible, the Court Management Section will establish a copy set for each file which shall be stored away from the Tribunals facilities and shall be certified in accordance with the procedure set down by the relevant Article of the Directive.

16 Case File Indexes Each case file shall have an Index listing all the documents filed in that case. Documents which contain confidential information but whose existence is not confidential may be listed in the public index, provided the listing does not divulge any confidential information and provided that the confidential information does not appear in the Case File. Each case file shall have an Index listing all the documents filed in that case. Documents which contain confidential information but whose existence is not confidential may be listed in the public index, provided the listing does not divulge any confidential information and provided that the confidential information does not appear in the Case File.

17 The indexes of confidential documents shall be inserted at the beginning of each folder of each case file. The indexes of confidential documents shall be inserted at the beginning of each folder of each case file. All non-confidential indexes shall be collected together in a Compilation of Indexes. All non-confidential indexes shall be collected together in a Compilation of Indexes.

18 Correspondence Official correspondence of the Court Management Section shall be signed by the Registrar, or by the Deputy Registrar or Court Management Section officials, in so far as the Registrar may delegate to them his signature for this purpose. Official correspondence of the Court Management Section shall be signed by the Registrar, or by the Deputy Registrar or Court Management Section officials, in so far as the Registrar may delegate to them his signature for this purpose.

19 Filing of Correspondence and Related Documents The Court Management Section shall file official correspondence addressed to or received by the Court Management Section in the Case File, in accordance with the relevant Article of the present Directive. The Court Management Section shall file official correspondence addressed to or received by the Court Management Section in the Case File, in accordance with the relevant Article of the present Directive. A separate correspondence file may be maintained, if necessary, for any case. A separate correspondence file may be maintained, if necessary, for any case.

20 The Court Management Section shall file, following the same principles, all documents sent by the Section and their annexes noting the name of the addressee and in due course stapling, where available, the proof of receipt of the document or its copy. The Court Management Section shall file, following the same principles, all documents sent by the Section and their annexes noting the name of the addressee and in due course stapling, where available, the proof of receipt of the document or its copy.

21 Record Book The Record Book shall be open to the public and otherwise maintained in accordance with the Rules. It shall be in a diary format, with one page for each day. The Record Book shall be open to the public and otherwise maintained in accordance with the Rules. It shall be in a diary format, with one page for each day. Non-confidential particulars of each case and each document filed in the case file, including orders, decisions, decisions and judgments, shall be noted in the Record Book on their day of filing. Non-confidential particulars of each case and each document filed in the case file, including orders, decisions, decisions and judgments, shall be noted in the Record Book on their day of filing.

22 The Record Book is a permanent record of the Tribunal and shall not be destroyed. It shall be maintained in the Archives. The Record Book is a permanent record of the Tribunal and shall not be destroyed. It shall be maintained in the Archives.

23 Summary Sheet The Summary Sheet shall contain the essential information relating to all cases which are before a Judge or Chamber of the Tribunal, and the dates of the various stages so far reached in those cases, excluding those subject to an order for non-disclosure. The Summary Sheet shall contain the essential information relating to all cases which are before a Judge or Chamber of the Tribunal, and the dates of the various stages so far reached in those cases, excluding those subject to an order for non-disclosure.

24 The Summary Sheet, which shall be an integral part of the Record Book, is principally intended to facilitate the location of documents in the case file, to provide a quick reference for basic information concerning the case and to provide a basis for compiling information or statistics for the preparation of annual and budgetary reports. The Summary Sheet, which shall be an integral part of the Record Book, is principally intended to facilitate the location of documents in the case file, to provide a quick reference for basic information concerning the case and to provide a basis for compiling information or statistics for the preparation of annual and budgetary reports.

25 Certified Copies Copies of Original documents issued by the Tribunal must bear the stamp of the Tribunal and the signature or initials in blue ink of the Registrar of his delegate. Copies of Original documents issued by the Tribunal must bear the stamp of the Tribunal and the signature or initials in blue ink of the Registrar of his delegate. Copies certified in this manner shall be regarded as exact and unaltered reproduction of the original. Copies certified in this manner shall be regarded as exact and unaltered reproduction of the original.

26 To certify documents, the Registrar may also make use of certificates under conditions to be established in the Instructions for the Court Management Section. Thus, documents covered by a Certificate signed by the Registrar or his delegate will also be considered certified copies. To certify documents, the Registrar may also make use of certificates under conditions to be established in the Instructions for the Court Management Section. Thus, documents covered by a Certificate signed by the Registrar or his delegate will also be considered certified copies.

27 Filing by Facsimile The Court Management Section shall process documents sent by facsimile transmission in accordance with the laid down provisions. The Court Management Section shall process documents sent by facsimile transmission in accordance with the laid down provisions. Parties who send documents by facsimile must also deliver the signed original document within a reasonable period. Parties who send documents by facsimile must also deliver the signed original document within a reasonable period.

28 After-Hours Filing After-hours filing refers to the filing of documents outside of the following hours: After-hours filing refers to the filing of documents outside of the following hours: 9 a.m. to 5.30 p.m; Monday –Thursday and 9 a.m. to p.m.on Friday, or on weekends or public holidays. 9 a.m. to 5.30 p.m; Monday –Thursday and 9 a.m. to p.m.on Friday, or on weekends or public holidays. A party anticipating a late filing must notify the Court Management Section during the business hours to request permission and instruction for the after-hours filing. A party anticipating a late filing must notify the Court Management Section during the business hours to request permission and instruction for the after-hours filing.

29 Deficient Filing 1. The Court Management Section is responsible for verifying compliance with the formal requirements laid down in the relevant Articles of the present directive. 1. The Court Management Section is responsible for verifying compliance with the formal requirements laid down in the relevant Articles of the present directive. 2. This section shall inform the party who submitted a formal defective document of the deficiency and requesting that it be corrected. 2. This section shall inform the party who submitted a formal defective document of the deficiency and requesting that it be corrected. A party who presents a defective document may correct the deficiency by letter or facsimile. A party who presents a defective document may correct the deficiency by letter or facsimile.


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