Administration of the Administration of the Judicial EnvironmentJudicial Environment

Prepared and Presented Prepared and Presented

ByBy

Gladstone K. HlalakuhleGladstone K. Hlalakuhle

Composition of the RegistryComposition of the Registry

The Registry shall be composed of the The Registry shall be composed of the Registrar, the Deputy Registrar and such other Registrar, the Deputy Registrar and such other staff as may be required for the efficient staff as may be required for the efficient discharge of its functions in accordance with discharge of its functions in accordance with Statute.Statute.

The Registry consists of two divisions – The Registry consists of two divisions – The Judicial and the Legal Services Division The Judicial and the Legal Services Division The Administration DivisionThe Administration Division

Sections of the Judicial and Sections of the Judicial and Legal Services DivisionLegal Services Division

Court Management SectionCourt Management SectionGeneral Legal Services and Chambers General Legal Services and Chambers

Support SectionSupport SectionLawyers and Detention Facilities Lawyers and Detention Facilities

Management SectionManagement SectionWitnesses and Victims Support SectionWitnesses and Victims Support Section

Administration DivisionAdministration Division

Registrar whose duties are to assist the Registrar whose duties are to assist the Chambers, the Plenary meetings of the Chambers, the Plenary meetings of the Tribunal, the Judges and the Prosecutor in Tribunal, the Judges and the Prosecutor in the performance of their functions.the performance of their functions.

Responsible for the administration and Responsible for the administration and servicing of the Tribunal.servicing of the Tribunal.

The RegistrarThe Registrar

Discharges his functions in accordance Discharges his functions in accordance with the Statute and the Rules governing with the Statute and the Rules governing the judicial services division’s operations.the judicial services division’s operations.

The Registrar may delegate any of his The Registrar may delegate any of his tasks to his staff, either orally or in writing , tasks to his staff, either orally or in writing , implicitly or explicitly, but remains implicitly or explicitly, but remains ultimately responsible for them.ultimately responsible for them.

Duties of Registry StaffDuties of Registry Staff

The Registrar and his Staff, shall refrain from any The Registrar and his Staff, shall refrain from any action which might reflect adversely on the action which might reflect adversely on the Tribunal and shall not seek nor receive Tribunal and shall not seek nor receive instructions from anyone external to the Tribunal.instructions from anyone external to the Tribunal.

Before commencing their duties, the Registrar and Before commencing their duties, the Registrar and his staff shall make a Solemn Declaration in the his staff shall make a Solemn Declaration in the form provided by the Statute and Rules. They are form provided by the Statute and Rules. They are also under a duty of confidentiality not to reveal also under a duty of confidentiality not to reveal any non-public information which they have any non-public information which they have access to in the course of the work performed on access to in the course of the work performed on behalf of the Tribunal.behalf of the Tribunal.

Registry staff are responsible to the Registry staff are responsible to the Registrar or the Deputy Registrar.Registrar or the Deputy Registrar.

The Judicial and Legal Services The Judicial and Legal Services DivisionDivision

The Deputy Registrar acts as Head of the The Deputy Registrar acts as Head of the Judicial and Legal Service Division, under Judicial and Legal Service Division, under the supervision of the Registrar.the supervision of the Registrar.

This division, is in general, responsible for This division, is in general, responsible for administering and providing assistance to administering and providing assistance to the Chambers, the Office of the the Chambers, the Office of the Prosecutor and Defence Counsel in the Prosecutor and Defence Counsel in the performance of their functions.performance of their functions.

The Judicial and Legal Services Division The Judicial and Legal Services Division comprises four sections, the particular comprises four sections, the particular responsibilities of which are as follows:responsibilities of which are as follows:

A) Court Management Section, headed by a A) Court Management Section, headed by a Senior Legal Officer. The responsibilities of of Senior Legal Officer. The responsibilities of of this section are to:this section are to:

i) Maintain the Judicial Archives of the Tribunali) Maintain the Judicial Archives of the Tribunal ii) To have custody of the seals and stamps ii) To have custody of the seals and stamps

iii) To organise the proceedings of the iii) To organise the proceedings of the Chambers, including arrangements for the Chambers, including arrangements for the distribution of documents to Judges, Legal distribution of documents to Judges, Legal Officers, the Parties and the Press and Officers, the Parties and the Press and Public Affairs Unit, the provision of Public Affairs Unit, the provision of technical assistance and the preparation technical assistance and the preparation of minutes and records, pursuant to the of minutes and records, pursuant to the given Rules.given Rules.

iv) To file and distribute, on an expeditious basis, iv) To file and distribute, on an expeditious basis, judgments, orders, requests, pleadings, and judgments, orders, requests, pleadings, and other official documents of the Tribunal to Judge, other official documents of the Tribunal to Judge, the supporting Legal Staff, the Parties and the the supporting Legal Staff, the Parties and the Press and Public Affairs Section.Press and Public Affairs Section.

v) To ensure non-confidential information in the v) To ensure non-confidential information in the custody of the Section is publicly available.custody of the Section is publicly available.

vi) To maintain the Record Book, pursuant to vi) To maintain the Record Book, pursuant to Rules and a Summary of “Judicial Activities Rules and a Summary of “Judicial Activities Sheet”.Sheet”.

vii) Filing, reproduction and distribution of vii) Filing, reproduction and distribution of official documents, minutes, transcripts official documents, minutes, transcripts and recordings of sessions in the Tribunal and recordings of sessions in the Tribunal and any other document required for and any other document required for proceedings.proceedings.

Judicial ArchivesJudicial Archives

The Court Management Section is responsible The Court Management Section is responsible for maintaining the Judicial Archives of the for maintaining the Judicial Archives of the Tribunal.Tribunal.

The Judicial Archives shall contain:The Judicial Archives shall contain: a) Case Files, maintained in accordance with a) Case Files, maintained in accordance with

given Articles.given Articles. b) Correspondence filesb) Correspondence files c) The Record Book – Summary of Judicial c) The Record Book – Summary of Judicial

Activities SheetActivities Sheet d) Audio & video cassettes, photographs, etcd) Audio & video cassettes, photographs, etc

The Judicial Archives shall not include The Judicial Archives shall not include correspondence directly addressed to a correspondence directly addressed to a Judge or to the Prosecutor of the Tribunal, Judge or to the Prosecutor of the Tribunal, unless they transmit such correspondence unless they transmit such correspondence to the Court Management Section.to the Court Management Section.

All documents in the Judicial Archives shall be All documents in the Judicial Archives shall be kept securely locked when not in use by Court kept securely locked when not in use by Court Management Section staff. No file or any Management Section staff. No file or any document contained in the Archives may be document contained in the Archives may be consulted without first obtaining permission from consulted without first obtaining permission from designated member of the Court Management designated member of the Court Management Section, nor removed from the Judicial Archives Section, nor removed from the Judicial Archives except for the purposes of making a photocopy, except for the purposes of making a photocopy, again only in the permission of a designated again only in the permission of a designated member of the Court Management Section. member of the Court Management Section.

If a photocopy is made, the original must If a photocopy is made, the original must be returned to the Judicial Archives be returned to the Judicial Archives immediately afterwards.immediately afterwards.

Court Management ChargesCourt Management Charges

Fees may be imposed upon Court Fees may be imposed upon Court Management Section for services which Management Section for services which involve cost to the Registry , in particular involve cost to the Registry , in particular certifying copies of judgments, orders, certifying copies of judgments, orders, minutes, transcripts, official documents, or minutes, transcripts, official documents, or extracts from the Record Book and making extracts from the Record Book and making copies of non-confidential audio-visual copies of non-confidential audio-visual materials. materials.

The charges referred to in this Article shall be The charges referred to in this Article shall be determined by decision of the Registrar.determined by decision of the Registrar.

Upon written request to the Registrar, all of the Upon written request to the Registrar, all of the above-mentioned services may be provided after above-mentioned services may be provided after payment of Court Management Section payment of Court Management Section charges , and subject to technical feasibility.charges , and subject to technical feasibility.

Court Management Section charges shall not be Court Management Section charges shall not be imposed on Non-Profit Organisations, Academic imposed on Non-Profit Organisations, Academic Institutions, or any member of either of these, or Institutions, or any member of either of these, or on a State.on a State.

Scheduling Judicial ActivitiesScheduling Judicial Activities

1. The Court Management Section is 1. The Court Management Section is responsible for keeping a daily calendar of responsible for keeping a daily calendar of the scheduled hearings of the Tribunal to the scheduled hearings of the Tribunal to be used in scheduling other hearings, to be used in scheduling other hearings, to provide notice and to ensure the efficient provide notice and to ensure the efficient administration of justice.administration of justice.

2. The Calendar shall be notified to the Judges 2. The Calendar shall be notified to the Judges and relevant Parties in a timely manner, and if and relevant Parties in a timely manner, and if no objection is received to the calendar within no objection is received to the calendar within forty eight hours of such notification, it shall forty eight hours of such notification, it shall become mandatory.become mandatory.

A copy of the calendar of the scheduled A copy of the calendar of the scheduled hearings shall be posted in public view in the hearings shall be posted in public view in the Tribunal.Tribunal.

This calendar shall provide the case name and This calendar shall provide the case name and Number, the Judge or the Chamber, the date Number, the Judge or the Chamber, the date and time of the proceeding and whether it is a and time of the proceeding and whether it is a public or closed proceeding.public or closed proceeding.

SchedulingScheduling

1.The Registrar, Deputy Registrar or their 1.The Registrar, Deputy Registrar or their delegate shall, in consultation with the delegate shall, in consultation with the appropriate Judge or Chamber, schedule the appropriate Judge or Chamber, schedule the date and time of hearings before the Tribunal for date and time of hearings before the Tribunal for each case, taking into account the requirements each case, taking into account the requirements of justice and notably the right of an accused to of justice and notably the right of an accused to be tried without undue delay.be tried without undue delay.

Judicial vacations shall be scheduled in Judicial vacations shall be scheduled in accordance with official United Nations holidays. accordance with official United Nations holidays.

2. In scheduling hearings, precedence 2. In scheduling hearings, precedence shall be given to urgent and extremely shall be given to urgent and extremely urgent motions, to the initial appearance of urgent motions, to the initial appearance of the accused, to motions for provisional the accused, to motions for provisional release, transfer or detention of a suspect, release, transfer or detention of a suspect, accused or detained witness, to arrest accused or detained witness, to arrest warrants, and to motions for protective warrants, and to motions for protective orders for victims or witnesses.orders for victims or witnesses.

3.The Registrar, Deputy Registrar or their 3.The Registrar, Deputy Registrar or their delegate shall inform the President and delegate shall inform the President and the Presiding Judge of scheduled hearings the Presiding Judge of scheduled hearings in a timely manner.in a timely manner.

Management of HearingsManagement of Hearings

The Court Management Section is The Court Management Section is responsible for making all necessary responsible for making all necessary arrangements for hearings and arrangements for hearings and conferences, either in public or conferences, either in public or in camerain camera, , and for providing the services required and for providing the services required during the hearings and conferences, during the hearings and conferences, including stenotype services.including stenotype services.

Roles and Responsibilities of the Roles and Responsibilities of the Court SectionsCourt Sections

1. The Court Management Section assists the 1. The Court Management Section assists the Chambers in the management of hearings, in Chambers in the management of hearings, in the sealing,filing and distribution of documents to the sealing,filing and distribution of documents to the Judges, the Parties and the Press and Public the Judges, the Parties and the Press and Public Affairs Unit.Affairs Unit.

This section may also be called upon to assist This section may also be called upon to assist the Chambers by providing drafts of Orders and the Chambers by providing drafts of Orders and Warrants, particularly those of a routine nature, Warrants, particularly those of a routine nature, as the Judges see fit.as the Judges see fit.

2. Translation: 2. Translation: TThe Court Management Section he Court Management Section shall be responsible for requesting translation of shall be responsible for requesting translation of documents into the working languages of the documents into the working languages of the Tribunal, in accordance with relevant Articles of Tribunal, in accordance with relevant Articles of the present Directive.the present Directive.

The General Legal Service and Chambers The General Legal Service and Chambers Support section shall be responsible for ensuring Support section shall be responsible for ensuring that translations of Decisions , Judgements and that translations of Decisions , Judgements and Orders issued by the Chambers are correct and Orders issued by the Chambers are correct and in proper form before they are filed with the in proper form before they are filed with the Court Management Section.Court Management Section.

3. The General Legal Services and Chambers 3. The General Legal Services and Chambers Support Section is responsible for providing Support Section is responsible for providing assistance to the Chambers in legal research assistance to the Chambers in legal research and drafting of decisions, judgements, opinions and drafting of decisions, judgements, opinions and orders.and orders.

The Section is headed by a Section Chief who is The Section is headed by a Section Chief who is responsible for for assisting the Chambers in the responsible for for assisting the Chambers in the manner described, for ensuring that decisions, manner described, for ensuring that decisions, judgements, opinions and orders are in proper judgements, opinions and orders are in proper form and duly signed, and for organising the form and duly signed, and for organising the work of the Legal Officers assigned to the work of the Legal Officers assigned to the Chambers.Chambers.

4. The administration of the General Legal 4. The administration of the General Legal Services and Chambers Support Section Services and Chambers Support Section is not the subject of the present Directive, is not the subject of the present Directive, but may be addressed by a separate but may be addressed by a separate Directive on that Section or by internal Directive on that Section or by internal guidelines issued by the Chambers.guidelines issued by the Chambers.

General PrinciplesGeneral Principles

All documents which the parties wish to serve on All documents which the parties wish to serve on a Judge or Chamber must be first submitted to a Judge or Chamber must be first submitted to the Court Management Section, which shall be the Court Management Section, which shall be responsible for the distribution of Certified copies responsible for the distribution of Certified copies of the documents to Judges, the Parties and the of the documents to Judges, the Parties and the Press and Public Affairs Unit.Press and Public Affairs Unit.

All written motions applying for an order from a All written motions applying for an order from a Judge or Chamber should be accompanied by a Judge or Chamber should be accompanied by a Draft Order , bearing the word(DRAFT”) thereon.Draft Order , bearing the word(DRAFT”) thereon.