Covid-19 measures impacting courts and other public bodies
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Covid-19 measures impacting
courts and other public bodies
In the light of the Covid-19 pandemic, South Africa has
implemented various measures in response to the
nationwide lockdown, which commenced on 26 March
2020. These measures restrict access to courts, competition
authorities and other public regulatory bodies such as the
CIPC, and SARS.
Whilst designated “urgent and essential” court and
administrative processes are continuing, accessibility (in
general) is limited, and will impact on ongoing business and
Updated 6 April 2020
enforcement proceedings for the duration of the national
lockdown (expected to end at mid-night on 16 April 2020,
unless extended).
This document captures the measures adopted in respect
of the operation of various courts and administrative
bodies for the duration of the lockdown in South Africa, as
it pertains to civil matters. Certain information may become
outdated, as the lockdown progresses.
© Allen & Overy LLP 2020Covid-19 measures – impact on superior courts
Limpopo
Entry into all courts is restricted to
urgent and essential court applications
and hearings for matters, which, if not
enrolled during the lockdown, will lead to North West Gauteng
Mpumalanga
substantial injustice. Courts remain open
for filing papers and hearing urgent
applications and certain matters relating Kwazulu Natal
Free state
to bail, domestic violence, maintenance
and other matters involving children,
Northern Cape
subject to restrictions.
Eastern Cape
Provinces covered in this note –with limited /
restricted court access Western cape
Province currently not covered in this note
Covid-19 measures – impact on regulatory bodies
© Allen & Overy LLP 2020 2South Africa
Effective Date
31 March 2020
Measures adopted
‒ Entry into courts and court precincts is only allowed in respect of urgent and essential court applications and hearings for matters, which, if not
enrolled during the period of the lockdown, will lead to substantial injustice.
‒ Broadly, the Courts will as an essential service remain open for the filing of papers and hearing of urgent applications, bail applications and
appeals or matters related to violations of liberty, domestic violence, maintenance and other matters involving children, subject to certain
restrictions and the enforcement of social distancing protocols and limiting the number(s) of persons entering the Court.
‒ Persons who have been in contact with or exposed to persons who are from high risk countries, as well as persons who have been in contact with
or exposed to persons who have tested positive for COVID-19 will not be allowed to enter a court precinct or justice service point during
the lockdown.
© Allen & Overy LLP 2020 3South Africa (cont’d)
Effective Date
31 March 2020
Measures adopted
‒ In relation to civil cases:
‒ Cases that are not identified as urgent and essential services cannot be placed on the court roll for the duration of the lockdown – although
heads of courts retain a discretion to authorise the hearing of matters through teleconference, videoconference or other electronic means
which dispenses with the necessity to be physically present in a court room. Non-essential matters on the roll during the period of the lockdown
have accordingly, unless conducted through electronic means, been removed from the roll, and parties are to be informed by the relevant
clerks of the court of the new court date(s) assigned to those matters.
‒ Service of process and execution of writs by sheriffs is limited to cases which are urgent and essential, including (amongst other things):
‒ Service and execution of Court orders relating to Covid-19;
‒ Service of process relating to claims which are prescribing;
‒ Service of urgent court process relating to court hearings scheduled during the period of lockdown.
‒ There is no general suspension of the time limits imposed by Court Rules for the delivery of further process in ongoing litigation matters
commenced prior to the lockdown1, but service and execution of other process by Sheriffs, including evictions are not essential and are
suspended for the duration of the lockdown2.
‒ The services of the Master of the High Court has been restricted and is now (for the duration of the lockdown) limited to specific functions
prescribed under the Administration of Estates Act, 1965.3 No provision is made in relation to the services necessary / pertinent to insolvency
matters, and these services are suspended for the duration of the lockdown.
1.The initial practice directions issued on 26 March 2020 included the following wording, which has now been removed.
"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; Where the return date of an application, excluding protection
orders, falls during the lockdown, such date shall be extended up to one month after the end of the lockdown".
2.Under the initial practice directions issued on 26 March 2020, this list included "All evictions and execution of attachment orders, both movable and immovable,
including the removal of movable assets and sales in execution". Although the wording has since been amended, these categories of execution remain indicative
of "non-essential" issues which likely cannot proceed for the duration of the lockdown.
3.These services are specific to payments to natural guardians, tutors and curators for and on behalf of minors and persons under curatorship, as well as issuing
documents required for the burial of a deceased person and/or the urgent appointment of a curator under the Administration of Estates Act ).
© Allen & Overy LLP 2020 4Constitutional Court Supreme Court of Appeal
Effective Date Effective Date
25 March 2020 26 March 2020
Measures adopted Measures adopted
‒ No separate practice directions have been issued. – The Supreme Court of Appeal seemingly remains open for the
‒ Although the Constitutional Court (and indeed Superior Courts) duration of the lockdown, for the limited purpose of "receiving
is on recess, all courts will continue to operate to a limited due court process and adjudicating urgent matters", operating
extent to deal with urgent matters. on skeleton staff.
– Queries relating to the filing of documents during the lockdown
period should be addressed to the Registrar(s) of the SCA, as
filing deadlines are now (from 31 March 2020) not expressly
suspended.
© Allen & Overy LLP 2020 5Labour Courts
Effective Date
27 March 2020 – 16 April 2020
Measures adopted
‒ No matters will be allocated a hearing from Friday 27 March 2020 until 16 April 2020 (both days inclusive).
‒ Matters which had already been allocated will not be heard and will be removed from the roll.
‒ No judges will be available at Court to consider any matter nor will any member of staff be available to receive any documents.
‒ With regard to Urgent Court matters, parties must alert the Registrar explaining in full detail why the matter is considered to be so urgent that it
must be considered in this period of lockdown. The Registrar will then contact the Judge on duty who will inform the Registrar whether or not s/he
will consider the matter and if s/he decides to entertain the matter it will be done telephonically with the other side being duly informed by the
applicant where necessary.
© Allen & Overy LLP 2020 6Gauteng Division
Effective Date
00h00 on 26 March - 09h00 on Monday, 20 April 2020
Measures adopted
– The only Court open to hear matters is the Urgent Court. No new case numbers shall be issued, nor any matters enrolled for this period, except for urgent
matters.
– All urgent court matters will (unless it is impossible to do so) be conducted by teleconferencing, videoconferencing and/or any other electronic means.
– Amongst other things, counsel and attorneys are required to certify that the matter is of such an urgent nature that it must be heard before Tuesday, 21 April
2020. The enrolment of an allegedly urgent matter found not to warrant a hearing during the lockdown period may, at the discretion of the Judge seized with the
matter, result in punitive costs being awarded and the culpable counsel and attorney being interdicted from receiving any fees for all work relating to the matter.
– All other matters enrolled from 27 March to 17 April 2020 are ipso facto removed from the Roll without any formalities being required from or by the parties or
their representatives, and the files shall be endorsed to reflect the reason for such removal. The directive provides for specified reenrolment dates for trial,
interlocutory and other motions:
– In respect of Trial matters, the Registrar shall endeavour to accommodate the parties with the earliest dates after 28 April 2020 that can be allocated without
crippling the Civil Trial Roll.
– Interlocutory court matters may be re-enrolled by practitioners after 28 April 2020, on such dates as are appropriate to the requirements that the relief is
sought to achieve. The Chief Registrar shall accommodate a party’s preferences in this respect regardless of the number of cases usually enrolled on any
one day.
– Opposed Motions shall be re-enrolled from 4 May 2020 to accommodate the preparation by the Judges assigned to hear them.
– Appeals shall be re-enrolled from 4 May 2020 to accommodate the preparation by the Judges assigned to hear them.
– All opposed matters and case management conferences previously scheduled to proceed on dates during the period of the lockdown have been automatically re-
enrolled to the dates specified in the directive, ranging from
28 April – 14 May 2020.4
– During the period 09h00 20 April until 09h00 28 April (, the business of the Court shall resume as usual, except that opposed matters -- whether civil trial,
opposed motion or appeal -- will be postponed if agreement is reached among the parties that preparation to achieve readiness was materially affected by the
lockdown. No costs order shall be made in respect of such postponement.
4 Respectively: (a) 27 and 30 March to 28 April; (b) 31 March to 29 April; (c) 1 April to 3 April; (d) 2 April to 4 May; (e) 6 April to 5 May; (f) 7 April to 6 May; (g) 9
April to 11 May; (h) 14 April to 12 May; (i) 15 April to 13 May; and (j) 16 April to 14 May.
© Allen & Overy LLP 2020 7Gauteng Division (cont’d)
Effective Date
00h00 on 26 March - 09h00 on Monday, 20 April 2020
Measures adopted
– Applications with a Rules Nisi returnable during the lockdown period should be brought to the Judge on Urgent duty to extend the Rules Nisi to dates beyond this
period (also through electronic means).
– Practitioners/messengers/members of the public will not be permitted to enter the Court building for purposes of issuing new process.
– Where matters are deemed to be prescribing during the lockdown period, parties may transmit the relevant process to designated email addresses,
for the attention of the Court staff after the lockdown period. In this regard, the date of transmission of the email shall be regarded as the date of
issuing of the process.
– The initial practice directive does not reference the further exchange of process in relation to existing litigation (commenced prior to the lockdown), which is due
during the period of the lockdown. Time limits imposed in relation to court processes are not suspended by virtue of the lockdown. In a separate directive
issued on 2 April 2020, to address concerns regarding the delivery of court process and documents prescribed in the Court Rules / Statute the Judge President ,
acknowledging that the Superior Courts Act does not clothe a Head of Court with the power to declare the national lockdown period to be dies non – issued a
supplementary directive which provides that:
– Documents and/or process due during the lockdown period, may:
– if the matter is registered on the Caselines platform, upload the relevant document / process on CaseLines – the deemed date of service and filing in this
instance will be the date the document/ process is uploaded.
– if the matter is not registered on the CaseLines platform, the process / document may be transmitted by email to the relevant parties. Such email
transmission must be accompanies by proof of transmission and/or delivery to the following email address (for filing purposes):
– For matters in the Gauteng Division, Pretoria – PTAfiling@judiciary.org.za
– For matters in the Gauteng Division, Johannesburg – JHBfiling@judiciary.org.za
– Practitioners, messengers and other members of the public are not permitted access to the Court building for purposes of filing documents / process – save
for unrepresented litigants without access to email facilities, who will be guided further at the Court entrance.
– In respect of non-compliance / partial compliance with statute / rule of court to serve and file court process and/or deliver any document ancillary thereto --
which is attributable to the strictures imposed by the lockdown-- condonation, where required, shall be granted.
– Judgments and orders ready to be handed down during the lockdown period, with either be uploaded on CaseLines (if so registered), alternatively the
Judgment will be transmitted by email to the respective parties.
© Allen & Overy LLP 2020 8Western Cape Division
Effective Date
25 March 2020 – 17 April 2020
Measures adopted
‒ Only urgent motion applications will be issued (including matters relating to COVID 19), matters relating to bail, urgent maintenance, domestic
violence related matters and cases involving children.5
‒ The High Court building will not be accessible during the lockdown period except for the duty Judge, the relevant Judges secretary, the Chief
Registrar, Court Manager, relevant court staff (urgent/rotational in line with any directive issued by the OCJ), security personnel, practitioners and
parties for matters identified in the practice directive.
‒ There is no general suspension of the time limits imposed by Court Rules for the delivery of further process in ongoing litigation
matters commenced prior to the lockdown. The practice directive, in the main provides as follows in relation to civil matters:
‒ Regarding enrolment:
‒ No new civil matters will be enrolled during the lockdown period, including 17 April.
‒ No new civil pre-trials will be allocated during April 2020.
‒ The following processes are expressly suspended during the lockdown period:
‒ The issuing of all combined, provisional summons and applications (unless otherwise set out in the directive);6
‒ the issuing of default applications in terms of Rule 31(5) before the registrar; and
‒ Evictions and Rule 46A applications to declare property executable.
‒ The following processes must be postponed for dates after the lockdown period:
‒ Civil trials, opposed motions, appeals and reviews already enrolled.
‒ All existing civil pretrials. Parties are to make contact with the relevant Judges secretaries to arrange for a postponement date in
consultation with the relevant Judge.
‒ All motion court applications enrolled for 27 March 2020, 31 March 2020, 1 April 2020, 7 April 2020, 8 April 2020 and 14- 16 April 2020,
must be postponed to a date after the lockdown in consultation with the third division clerk.
5 In an earlier directive dated 17 March 2020, which remains applicable, the Court directed that all new summons, notice of motion and applications (other than urgent applications)
may be dropped off at the security desk at the entrance to the Court building in Keeron Street. Issued documents will then be available for collection from the security desk on the
following day. No other documents other than a notice of intention to defend / oppose and a plea will be issued at the general office. The filing of any other document not expressly
required by the rules will not be permitted.
6 By way of example, parties are permitted to apply for right of appearance certificates and good standing certificate, at the Chief Registrar's officer from 20 April 2020.
© Allen & Overy LLP 2020 9Western Cape Division (cont’d)
Effective Date
25 March 2020 – 17 April 2020
Measures adopted
‒ Express prohibitions include:
‒ The issuing of further process (including warrants of execution and subpoenas) whether civil or criminal, which will not be permitted during
the "lockdown" including on the 17 April 2020. Only intention to defend, notices to oppose and pleas will at this stage be accepted at
the court. The directive goes on to suggest (and notes specifically that "It is advisable") that parties consider extensions by agreement on
the dies periods to avoid unnecessary travel during the lockdown period.
‒ New applications for taxation dates, settled and consented to bills, which will not be allowed during the lockdown period.
‒ Whilst the directive mentions that the service of summons and applications other than those mentioned above by the Sheriff "should be
suspended" until after the lockdown – it does not expressly regulate matters which are deemed to be prescribing during the lockdown
period. These can notionally still be issued at Court and delivered in the ordinary course, under the auspices of the Government Notice which
permits the service of process relating to claims which are prescribing.
‒ No authentication / Apostille services will be offered at court during the lockdown period.
‒ Rule Nisi matters returnable during the lockdown (including eviction matters) should be identified and arrangements made with the Judge on
motion court duty or recess duty to extend the rule nisi dates to beyond this period. Where this cannot be achieved the duty Judge concerned
must be approached for appropriate directives.
‒ Heads of argument in matters already set down may be sent to the relevant Judges secretary via e-mail or relevant clerk at the Registrar's office.
5 In an earlier directive dated 17 March 2020, which remains applicable, the Court directed that all new summons, notice of motion and applications (other than urgent applications)
may be dropped off at the security desk at the entrance to the Court building in Keeron Street. Issued documents will then be available for collection from the security desk on the
following day. No other documents other than a notice of intention to defend / oppose and a plea will be issued at the general office. The filing of any other document not expressly
required by the rules will not be permitted.
6 By way of example, parties are permitted to apply for right of appearance certificates and good standing certificate, at the Chief Registrar's officer from 20 April 2020.
© Allen & Overy LLP 2020 10KwaZulu-Natal Division
Effective Date
27 March 2020
Measures adopted
– Save for urgent matters, matters involving children issues and bail appeals, all matters enrolled for hearing during the period between 27 March
2020 and 16 April 2020 are to be taken as removed or adjourned sine die.
– All rules (i.e. Rules Nisi, with dates returnable during the lockdown period) are extended until discharged.
– All circuit Courts will commence on 20 April 2020.
– The period 27 March 2020 to 17 April 2020, is to be regarded as dies non for the purposes of the Rules of Court and any directives for the filing of
pleadings, affidavits or notices that may be been issued by Court.
– In respect of civil trials the following will apply:
– All matters that have been settled may be brought forward by arrangement with the Registrar and where an order is required consequent upon
such settlement agreement.
– If parties require any matter to be adjourned sine die or to a date which falls after the lockdown, the parties may approach the Registrar to have
such matter placed before a Judge on duty for that purpose.
– Parties whose matters are set down for hearing during the lockdown are entitled to have such matters removed by simply filing a notice of
removal.
© Allen & Overy LLP 2020 11KwaZulu-Natal Division (cont’d)
Effective Date
27 March 2020
Measures adopted
– In respect of motion Court:
– All non-urgent matters on the motion court roll are to be regarded as adjourned sine die.
– Any Rule Nisi already issued shall remain in place until confirmed or discharged.
– The Registrar has been directed not to enrol any new matters on the motion court roll for hearing during the lockdown period.
– Any party whose matter has been adjourned or has been removed from the roll consequent upon this directive may approach the Judge
President/Deputy Judge President or Senior Judge if such party deems it urgent that the matter must be disposed of.
– In respect of urgent applications:
– The Court will entertain only those matters which are truly urgent.
– Practitioners are urged to take care and ensure that matters brought to court as urgent applications are of utmost urgency or else an
adverse cost order will be made.
– In respect of civil trials:
– Civil trials will not proceed during the period of lockdown. Practitioners are urged to inform clients and witnesses timeously.
– Any party who deems it urgent that their trial must proceed shall communicate such fact to the Judge President/Deputy Judge President or
Senior Judge.
– In respect of appeals, appeals set down for the last week of the lockdown will be regarded as adjourned sine die.
© Allen & Overy LLP 2020 12Free State Division
Effective Date
26 March 2020 - 16 April
Measures adopted
‒ Only urgent applications will be issued including matters relating to bail, maintenance and matters involving children.
‒ Issuing of all summons and applications are suspended. No new civil matters will be enrolled during the lockdown period.
‒ Notices and pleadings including a notice of intention to defend, notice to oppose and pleas should be filed via email at RNaude@judiciary.org.za;
JaDeWet@judiciary.org.za; roxannenownaude@gmail.com . Date of receipt shall be deemed to be the date on which the email was sent. Parties
are encouraged to agree on extensions of the dies periods.
‒ Civil trials set down during the lockdown period which are not already postponed are automatically postponed to the pre-trial roll of 20 April 2020
for set down for trial.
‒ No unopposed motions will be set down for 2, 9 and 16 April 2020. Likewise, no opposed motions will be set down for 16 April 2020. In order to
avoid congested motion court rolls, practitioners will be allowed to set down opposed and unopposed motions for 22, 23 and 24 April 2020. Set
down in this regard to be done on Friday, 17 April 2020 by 12 noon.
‒ The Registrar’s Office and Legal Practitioners must identify all matters set down during the lockdown period and make necessary arrangements
with the judge for the postponement thereof. Legal Practitioner may contact the Registrars via email at the addresses set out in paragraph 3
above to make the necessary arrangements.
‒ Rule nisi matters returnable during the lockdown period should be extended after appropriate arrangements made through the registrar’s office
with the duty Judge.
© Allen & Overy LLP 2020 13Mpumalanga Division
Effective Date
25 March 2020
Measures adopted
– All matters enrolled for 27 March until 16 April 2020 shall not be proceeded with. Instead, such matters shall be placed on the respective case
management rolls, as soon as the shutdown has ended.
– Parties or parties’ legal representatives in civil matters enrolled already on the second case management roll or on the civil trial roll, shall by way
of an email or telephone continue to hold pre-trial conferences as contemplated in paragraph 5 of Form A read together with paragraph 2.11 to
2.13 of the Practice Directive.
– Failure to hold pre-trial conference as per paragraph 2.11 to 2.13 of the Practice Directive will result in the matter being placed on the first case
management roll after the expiry of the shutdown.
– Unopposed applications which are on the roll for the period 27 March to 16 April 2020 shall be regarded as postponed and are enrolled as follows:
– Those enrolled for Mondays 30 March 2020 and 6 April 2020 are hereby enrolled for Thursday 30 April 2020.
– Those enrolled for Friday 3 April 2020 and Thursday 9 April 2020 are hereby enrolled for Friday 15 May 2020.
– Any rule nisi shall be regarded as having been extended to the dates indicated in paragraph 4.1 and 4.2 above.
– During the shutdown, only extreme urgent matters that cannot wait until the expiry of the shutdown, will be entertained. In such matters, please
contact us on cell phone number 081 737 7649.
© Allen & Overy LLP 2020 14Covid-19 measures – impact on regulatory bodies
Competition authorities
Competition Commission
24 March 2020
Measures adopted
‒ The Competition Commission has significantly scaled down operations but has undertaken to prioritise all COVID-19 complaints and the
enforcement of the regulations gazetted by the Minister of Trade and Industry.
‒ For the duration of the lockdown, the Commission has discouraged the filing of complaints unrelated to COVID-19 as well as all merger
transactions except those involving failing firms or those firms in distress. Complaints related to abuses of dominance or such exploitative
practices relating to COVID-19 shall be handled between the Commission and the National Consumer Commission through a dedicated team.
‒ Consumers and affected businesses in the supply chain can report any concerns to the regulators through details available on their websites, or
through this toll-free no. 0800 014 880. For the Competition Commission, the contact person is Mr. Shadrack Rambau (Head: Screening) who can
be contacted at 084743 0000 (this number is effective from tomorrow and it including WhatsApp and SMS) or immediately through e-mail at
shadrackr@compcom.co.za or ccsa@compcom.co.za.
‒ Prior to the 24 March media statement, in a statements dated 18 March 2020, the Commission confimed that it had suspended all external
meetings with stakeholders until further notice. Stakeholder workshops and engagements that have already been scheduled relating to, amongst
others, market inquiries and draft guidelines were postponed indefinitely. Any critical engagements in this regard may be arranged via
teleconference or videoconference services.
© Allen & Overy LLP 2020 15Competition authorities (cont’d)
Competition Tribunal
26 March 2020 – 16 April 2020
Measures adopted
Hearings
‒ Mergers
‒ Unopposed extension applications for large mergers must be filed electronically and will be granted in chambers.
‒ Phase 1 mergers (unopposed, non-complex mergers as classified by the Commission):
‒ Will be heard in chambers by the Panel via teleconference call.
‒ The Panel may, if required, request additional information from the Commission or merging parties to be submitted electronically.
‒ Parties will not be required to be present for the teleconference by the Panel.
‒ Parties will be notified of the Panel’s decision and Merger Clearance Certificates will be issued within the stipulated time periods.
‒ Phase 2 mergers (classified as complex but unopposed by the Commission):
‒ Will be heard in a similar manner to Phase 1 mergers.
‒ Parties may be required to make themselves available for a hearing via teleconference.
‒ Phase 3 mergers (very complex mergers that are opposed, as classified by the Commission) will not be set down during the lockdown period.
‒ Complaints
‒ Complaint referrals already enrolled will be postponed sine die.
‒ Pre-hearings and hearings relating to interlocutory proceedings will also be postponed sine die.
‒ No new matters will be set down.
‒ Priority complaint referrals emanating from the special investigation by the Commission, if any, relating to COVID-19 will be heard by arrangement
with the Parties.
‒ Consent orders/settlement agreements: No matters will be set down during the lock-down period.
‒ Interim relief and urgent applications: Urgent matters, if any, will be set down and heard by arrangement with the Parties.
Registry
– Filing must be made electronically via email to ctsa@comptrib.co.za, registry@comptrib.co.za .
– Mimecast, Dropbox or WeTransfer may be used for large size files.
– For urgent matters the Registrar may be contacted on TebogoM@comptrib.co.za or on mobile number 074 766 4965.
© Allen & Overy LLP 2020 16Companies and intellectual property commission
Patents & Designs, Copyright and Trade Mark Divisions
25 March 2020 – 30 April 2020
Measures adopted
‒ The dates from Wednesday, 25 March 2020 – Thursday, 30 April 2020 will be regarded as dies non, and CIPC will be closed to the public during
this time.
‒ Responses to official communications from CIPC, documents relating to extensions of any time periods (eg: prosecution and
opposition/cancellation time periods in respect of trade marks); documents relating to legal proceedings (eg: affidavits in opposition/cancellation
proceedings in respect of trade marks), etc. that fall due during the dies non period, are extended and will now fall due on 1 May 2020.
‒ During this period, and with effect from 25 March 2020, at 16h00, the following practical implications applied:
‒ All internal CIPC IP systems will not be available.
‒ All external facing CIPC IP systems will not be available.
‒ No manual lodgements of any documents will be available.
‒ No Patent Journal will be published for the month of March 2020.
‒ No requests nor e-mails will be attended to, processed, or responded to.
‒ The electronic query system of CIPC (QRS) will not be available.
‒ The CIPC Call Centre will not be available.
© Allen & Overy LLP 2020 17Companies and intellectual property commission (cont’d)
Company, Close Corporation and Co-operative Services
16h00 on 24 March 2020 – 16 April 2020
Measures adopted
‒ From 16h00 on 24 March 2020 to 1 April 2020, CIPC closed down all services relating to companies, close corporations and co-operative,
including call centre, self-service centres and the online enquiry system.
‒ As from 1 April 2020, only fully automated services were made available to the public, including the following services (exclusively available
through the channels listed below):
‒ Annual Returns including Annual Financial Statements or Financial Accountability Supplement: E-services
‒ Compliance Checklist: E-services
‒ Short Standard Private Company (without name): BizPortal
‒ Enterprise search: E-services and BizPortal
‒ R30 Disclosure: E-services
‒ Company and Close Corporation Financial Year End Changes: E-services
‒ Company and Close Corporation Address Changes: E-services
‒ Auditor, Accounting Officer and Company Secretary changes: E-services
‒ Company name changes: E-services
‒ BB-BEE Certificate: E-services and BizPortal
‒ Domain Name Registration: E-services.
‒ CIPC will only re-activate all other services as from 16 April 2020. During this period, all service related mailboxes and upload functionality will be
de-activated as well.
‒ Filing Annual Returns: the filing period, which falls within 25 March 2020 to 15 April 2020 will be extended until 30 April 2020. If the filing
period falls outside of such period, the normal prescribed filing period will be applicable. This extension of the filing period has the effect of
deferring penalties, compliance checklist and preparation of annual financial statements accordingly.
‒ Deregistration: CIPC will not take any action to place companies and close corporations into deregistration for the failure to lodge Annual
Returns or to finally deregister any company or close corporation that is currently in deregistration process for non-compliance with Annual
Returns, until further notice.
© Allen & Overy LLP 2020 18Companies and intellectual property commission (cont’d)
Company, Close Corporation and Co-operative Services
16h00 on 24 March 2020 – 16 April 2020
Measures adopted (cont’d)
‒ Name reservations: all name reservations that fall within the 25 March 2020 to 15 April 2020 period, will automatically be extended
until 30 April 2020.
‒ Business rescue: Business rescue proceedings which commenced, but which had not yet been completed within the time period contemplated
within section 129 of the Companies Act, at the time of the lockdown, have (by way of general extension under the notice from CIPC) been
extended until 30 April 2020. In respect of business rescue proceedings that have not yet commenced in terms of section 129 of the Companies
Act, dies non will apply until 16 April 2020, i.e. no filings contemplated in section 129 of the Companies Act can be lodged with CIPC until after the
lockdown period expires.
‒ In a separate practice note published by CIPC on 24 March 2020 under the auspices of paragraph 4(1)(b) of the Companies Regulations (GNR
351 of 26 April 2011), CIPC has also confirmed that:
‒ The Commission will not invoke its powers under section 22 of the Companies Act, in the case of a company which is temporarily insolvent
and still carrying on business or trading. This is only applicable where the Commission has reason to believe that the insolvency is due to
business conditions, which were caused by the COVID-19 pandemic. Notably, the effect of the Practice Note is simply to provide a practical
reprieve for both companies (from the perspective of compliance with a notice received from CIPC) and the CIPC itself (from an administrative
perspective) during the COVID-19 pandemic, where it is anticipated that a number of businesses may carry on business or trade in insolvent
circumstances.
‒ The practice note lapses within 60 (sixty) days after the declaration of a national disaster has been lifted.
© Allen & Overy LLP 2020 19South African Revenue Service
Measures adopted
‒ Access -- SARS has issued has advised taxpayers and tax practitioners to use the online channels such as eFiling, the SARS MobiApp and
e@syFile to interact with SARS. SARS has provided dedicated email addresses for this purpose on their website. Onsite visits to SARS offices
are possible, but an appointment must be made on the SARS website, and SARS has cautioned customers to please remember the lockdown
restrictions that are in place when travelling to a SARS branch.
‒ Submission of returns -- There is no relief for the submission of tax returns. Taxpayers are required to ensure that returns are submitted on or
before the due dates.
‒ Disputes -- According to a notice from the Chairperson: Customs and Excise National Appeals, the days during the period 27 March 2020 to 16
April 2020 will not be taken into account in determining days or the period for purposes of an appeal due under the Customs Act. SARS has not
given a similar notice for objections and appeals under the other tax legislation. Where a taxpayer is unable to comply with a prescribed
period during which steps in the dispute process must be instituted due to the lockdown, it would likely constitute an exceptional circumstance.
© Allen & Overy LLP 2020 20This document is for general guidance only and does not constitute definitive advice. Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. Allen & Overy LLP is a limited liability partnership registered in England and Wales with registered number OC306763. Allen & Overy (Holdings) Limited is a limited company registered in England and Wales with registered number 07462870. Allen & Overy LLP and Allen & Overy (Holdings) Limited are authorised and regulated by the Solicitors Regulation Authority of England and Wales. The term partner is used to refer to a member of Allen & Overy LLP or a director of Allen & Overy (Holdings) Limited or, in either case, an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen & Overy LLP’s affiliated undertakings. A list of the members of Allen & Overy LLP and of the non-members who are designated as partners, and a list of the directors of Allen & Overy (Holdings) Limited, is open to inspection at our registered office at One Bishops Square, London E1 6AD. Allen & Overy is an international legal practice with approximately 5,400 people, including some 550 partners, working in over 40 offices worldwide. A current list of Allen & Overy offices is available at allenovery.com/locations. © Allen & Overy LLP 2020 21 PERS_KH-SHAWNI JHP1: 2000044881: 5
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