(2) Open Court Proceedings
All proceedings of the Court, including the pronouncement of the Court’s decision
are held in open Court [Rule 60(1)].
However, for sufficient cause, the Court may order the proceedings to be held in
camera (i.e. privately closed to the members of the public). The proceedings heard
in camera, though recorded, are not published [Rule 59(2)]. Proceedings in camera
are exceptional to the general rule and practice requiring cases to be heard in open
Court, where any member of the public can attend.
Applications heard by a single Judge may be held in chambers (judges’ private
office) or in open Court (public) as the Judge deems fit [Rule 60(3)].
(3) Statement and production of evidence
At the hearing the party having the right to begin states its case and produces the
evidence that supports the issues which it is required to prove. The other Party then
states its case and produces its supporting evidence; and may then address the
Court generally on the case. The party beginning may reply.
If the second Party produces no evidence, the beginning Party may address the
Court first, followed by the reply of the second Party; and the comments of the
beginning Party on any new points raised in the second Party’s reply [Rule 63(2)].
Alternatively, the Parties may present their legal submissions (i.e. arguments) in
writing [Rule 63(3)].
(4) Oath or affirmation
Before giving evidence, a witness takes an oath or affirmation [Rule 64]. A witness
who tells lies on oath/affirmation, commits the offence of “perjury”. Witnesses must
tell the truth by giving a true account of events in their testimony.
(5) Taking and Recording of Evidence
Evidence given in Court is recorded by the official Court Recorder; signed by the
Principal Judge or Deputy Principal Judge; and kept and maintained by the Registrar
[Rule 65 (1)].
The Court may recall any witness who has given evidence, to be examined further
[Rule 65(2)].
(6) Adjournments
Adjournments of cases are discouraged unless it is absolutely necessary. Without
strict control, adjournments can be the cause for delay of justice. It is against this
background that the hearing of cases continues from day to day until the end, unless
the Court finds it necessary to adjourn for reasons to be recorded [Rule 66(1)].
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