On 2 June 2020, the Minister of Justice and Correctional Services issued directions to address, prevent and combat the spread of the Coronavirus (COVID-19) in all courts, court precincts and justice service points in South Africa during alert level 3. The annexure to the directive, which outlines the permitted services under alert level 3, amends the position regarding the issuing of process.

In regards to civil matters, the issuing of all court process and proceedings and filing of papers is permitted under alert level 3. This is to be contrasted with the directives applicable to alert level 4, which limited the issuing and filing of papers to those which were "relevant to pending proceedings".

In addition, the permitted services of sheriffs now include "all services except those excluded in terms the Regulations applicable to alert level 3 including, the service of all processes and orders and the execution of writs and warrants and online sales in execution". Under alert level four, the service of processes and execution writs by sheriffs were limited to cases which were urgent or permitted services.

It therefore appears that the 2 June 2020 directive has removed the limitations on issuing, filing and service of court process, save for the exclusions in terms of the Regulations applicable to alert level 3. 

The Office of the Judge President of the Mpumalanga Division of the High Court issued directions on 3 June 2020 which allow for the filing of papers in unopposed matters and the enrolment of unopposed and opposed applications during recess and the lockdown period by prior arrangement with the Registrar. The Mpumalanga directives specifically prohibit the filing of court papers by email as the division is not equipped with the Case-Line system. The directive does not make provision for the issuing of a summons. We will have to wait to see if directives by other divisions of the High Court are issued, to assess how the 2 June 2020 directive will be applied in each division.

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