(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)]. 15

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