03 May: LJ Re: Lockdown 4 & CCMA: 1063-20: LJ v TRC: 04 May SetDown

* CCMA, Michel Mateza, Truth and Reconciliation Commission, Desmond Tutu, Institute for Justice and Reconciliation, Brian McConnell, Dept of Justice TRC Unit, Mochubela Seekoe.
* 03 May: LJ Re: Lockdown 4 & CCMA: 1063-20: LJ v TRC: 04 May SetDown.
» 26 Mar: CCMA LRA 7.11 Filing Notice: LJ v TRC: Desmond Tutu, IJR & DoJ TRC Unit.
* Tygae: EoP Leg Sub: LJ v TRC, EoP v TRC, EoP v Nobel, LJ v Min of Justice / EoP NWO SCO: EoP NTE GM: EoP NTE GMZA| EoP Axis MilNec Evac: Lotto: EoP v WiP Law, EoP v WiP  Academia, EoP v WiP Media, EoP v WiP Charity, EoP v WiP Religion, EoP v WiP Peacenik / EoP v WiP Neg.

From: Lara Johnson <eop-leg-sub@tygae.org.za>
Date: Sun, 03 May 2020 15:17:41 +0200
Subject: Re: Lockdown 4 & CCMA: 1063-20: LJ v TRC: 04 May SetDown
To: “CCMA GRG-Senior Case Management Officer: Michelle Mateza” <MichelleM@CCMA.org.za>, “CCMA Covid-19 Lockdown Essential Services: Zamangwevu Moshani” <zamangwevum@ccma.org.za>
Cc: “Desmond Tutu via DL Tutu Legacy Foundation: Ramani” <systems@tutu.org.za>, “IJR: Brian McConnell” <info@ijr.org.za>, “Dept of Justice TRC Unit: Mochubela Seekoe” <mseekoe@justice.gov.za>
Message-ID: <344f286b2af0f347157e19fcea5d6d9a@tygae.org.za>

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TO: CCMA: Michelle Mateza, Zamangwevu Moshani:
CC: TRC Respondents: Desmond Tutu, Inst Justice & Reconciliation, DoJ TRC Unit:

Michelle Mateza:

Re: Lockdown 4 & CCMA: 1063-20: LJ v TRC: 04 May SetDown.

Lockdown 4 CCMA: Matters initially scheduled for the week of 4 – 8 May 2020, had to be rescheduled due to the regulations gazetted on 29 April 2020 for the effecting of nationwide lockdown level 4, which do not declare the CCMA an essential or related service, and which do not make clear provision for the re-opening of the CCMA and its services. The regulations also do not provide for users or stakeholders to access CCMA offices. At this stage, gazetted regulations only allow users and stakeholders to only go to work and access services declared as essential and related services. As such, as a law-abiding and responsible institution, the CCMA cannot open its premises and resume full – scale operations without a clear directive to do so. The CCMA will, at no means, encourage the contravening of regulations by its employees, users and stakeholders, or any activity that will prejudice their safety and well-being. – CCMA: Urgent advisory to all CCMA staff, users and stakeholders: Subject: CCMA’s operations during South Africa’s Covid-19 level 4 lockdown; via Africa News Agency: CCMA slams claims that cases have been struck off roll.

Lockdown 4 High Courts: Yesterday, Chief Justice Mogoeng Mogoeng issued a directive to nine judge presidents on how court cases should be handled during lockdown. On criminal trials, which might affect Zuma’s case, Mogoeng said: “Criminal trials already set down for hearing during the national state of disaster period shall be dealt with and disposed of in a manner determined by the head of the court”. Mogoeng’s spokesperson Nathi Mncube said the chief justice’s circular meant that all judge presidents would have to decide on their own directives. “They can say all trials shall proceed or all trials shall not proceed,” said Mncube, who added he was not in a position to comment on the Pietermaritzburg High Court’s readiness to accommodate Zuma’s case. – Sunday Independent: 03 May 2020: ‘I’ve always said I wanted my day in court’ – Jacob Zuma.

Your 07 April 2020 email – Subject: WEGE 1063-20_4_SetDownParInLimi [07 Apr: CCMA-MM: LJ v TRC: WEGE 1063-20: SetDownParInLimi: PDF] – set the LJ v TRC case down for In Limine hearing on 04 May 2020:

Date    04 May 2020 to 04 May 2020
Time    3:00PM
Venue  GE06: 11 Cathedral Square 62 Cathedral Street George 6530
Process: In Limine
Commissioner/s: Francois van der Merwe.

Confirmation that the CCMA 01 May 2020  – CCMA Operations during Covid-19 4 lockdown [CCMA: Urgent advisory to all CCMA staff, users and stakeholders: Subject: CCMA’s operations during South Africa’s Covid-19 level 4 lockdown] –  advisory means that all CCMA matters – including LJ v TRC scheduled for 04 May 2020 – scheduled for 04 to 08 May 2020 are postponed, pending SA Government directive authorizing CCMA with essential services status.

If so – subject to respondents continuing to decline my settlement agreement offer [16 Apr: CCMA 1063-20: LJ v TRC: Draft Settlement Agreement]; and/or a written definitive EoP TRC or No EoP TRC resolution by one or more Grg High Court: H 111/19: LJ v LS [lj-v-ls] Head of State Respondents [lj-v-trc: PDF: pp.06-75/137] prior to lifting of lockdown on CCMA services  – I shall await your email notification, informing LJ v TRC parties of the postponed set down date.

EoP/OKC TRC Negotiations correspondence is published at EoP Leg Sub [eop-leg-sub.tygae.org.za]

Respectfully,

Lara Johnson,
EoP MILED Clerk [EoP Oath PDF]
16 Taaibos Ave, Heatherpark, George, 6529

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4 Comments

    1. […] * 03 May: CCMA-MM Re LJ Re: Lockdown 4 & CCMA: 1063-20: LJ v TRC: 04 May SetDown. » 03 May: LJ Re: Lockdown 4 & CCMA: 1063-20: LJ v TRC: 04 May SetDown. » 26 Mar: CCMA LRA 7.11 Filing Notice: LJ v TRC: Desmond Tutu, IJR & DoJ TRC Unit.[…]

    1. […] ZA Gov: 21 Apr 2020: Lockdown-5: Superior Court Directions: [3] Postponements of Criminal Cases and related matters: (a) Audio -visual remand centres in Correctional Centres linked to Magistrates’ Courts must be used for purposes of the postponement of cases where accused persons are in custody. (b) All criminal trials enrolled during the lockdown are to be postponed to dates after this period, save for trials where the interests of justice dictate otherwise or where special arrangements have been made with the judicial officers involved. (c) Awaiting trial detainees held in Correctional Centres and police holding cells shall not be brought to any court or court precinct, unless for first appearance, bail applications and matters where special arrangements have been made with the judicial officers involved in the matters. .. (g) All criminal court cases where accused persons are not incarcerated shall not be placed on the court roll during the lockdown and summonses will be issued for new trial dates. [5] Civil Cases: (a) Cases that are not identified as urgent and essential services shall not be placed on the court roll for the duration of the period of lockdown, provided that Heads of Court shall retain the discretion to authorise the hearing of matters through teleconference or videoconference or any other electronic mode, which dispenses with the necessity to be physically present in a courtroom. (b) The Chief Registrar or Clerk of the Court, as the case may be, must inform the parties and their legal representatives of the new court date in writing. (c) All time limits imposed by any rule of court shall be suspended and shall recommence after the termination or lapsing of the period of the National State of Disaster, unless specific orders are granted by judicial officers in urgent and essential cases. …. . Lockdown-4 High Court Directions: Yesterday, Chief Justice Mogoeng Mogoeng issued a directive to nine judge presidents on how court cases should be handled during lockdown. On criminal trials, which might affect Zuma’s case, Mogoeng said: “Criminal trials already set down for hearing during the national state of disaster period shall be dealt with and disposed of in a manner determined by the head of the court”. Mogoeng’s spokesperson Nathi Mncube said the chief justice’s circular meant that all judge presidents would have to decide on their own directives. “They can say all trials shall proceed or all trials shall not proceed,” said Mncube, who added he was not in a position to comment on the Pietermaritzburg High Court’s readiness to accommodate Zuma’s case. – – Gov.za: Regulations and Guidelines – Coronavirus Covid-19: 21 Apr 2020: Superior Courts directions; SunInd: 03 May 2020: ‘I’ve always said I wanted my day in court’ – Jacob Zuma. » EoP Leg Sub: 28 Apr: LJ v CRLRC, SGMC, FWdK, TRC & NMN: 31 Apr Vote Deadline: Post Covid Lockdown Courts: EoP or WiP Law.; 03 May: LJ Re: Lockdown 4 & CCMA: 1063-20: LJ v TRC: 04 May SetDown. […]

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