Administration and Composition of the Judicial Registry

1. Administration of the Judicial Environment Administration of the Judicial Environment Prepared and Presented Prepared and Presented By By Gladstone K. Hlalakuhle Gladstone K. Hlalakuhle

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

3. Sections of the Judicial and Legal Services Division Sections of the Judicial and Legal Services Division  Court Management Section  Court Management Section  General Legal Services and Chambers Support Section  General Legal Services and Chambers Support Section  Lawyers and Detention Facilities Management Section  Lawyers and Detention Facilities Management Section  Witnesses and Victims Support Section  Witnesses and Victims Support Section

4. Administration Division Administration Division  Registrar whose duties are to assist the Chambers, the Plenary meetings of the Tribunal, the Judges and the Prosecutor in the performance of their functions.  Registrar whose duties are to assist the Chambers, the Plenary meetings of the Tribunal, the Judges and the Prosecutor in the performance of their functions.  Responsible for the administration and servicing of the Tribunal.  Responsible for the administration and servicing of the Tribunal.

5. The Registrar The Registrar  Discharges his functions in accordance with the Statute and the Rules governing the judicial services division’s operations.  Discharges his functions in accordance with the Statute and the Rules governing the judicial services division’s operations.  The Registrar may delegate any of his tasks to his staff, either orally or in writing , implicitly or explicitly, but remains ultimately responsible for them.  The Registrar may delegate any of his tasks to his staff, either orally or in writing , implicitly or explicitly, but remains ultimately responsible for them.

6. Duties of Registry Staff Duties of Registry Staff  The Registrar and his Staff, shall refrain from any action which might reflect adversely on the Tribunal and shall not seek nor receive instructions from anyone external to the Tribunal.  The Registrar and his Staff, shall refrain from any action which might reflect adversely on the Tribunal and shall not seek nor receive instructions from anyone external to the Tribunal.  Before commencing their duties, the Registrar and his staff shall make a Solemn Declaration in the form provided by the Statute and Rules. They are also under a duty of confidentiality not to reveal any non-public information which they have access to in the course of the work performed on behalf of the Tribunal.  Before commencing their duties, the Registrar and his staff shall make a Solemn Declaration in the form provided by the Statute and Rules. They are also under a duty of confidentiality not to reveal any non-public information which they have access to in the course of the work performed on behalf of the Tribunal.

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

8. The Judicial and Legal Services Division The Judicial and Legal Services Division  The Deputy Registrar acts as Head of the Judicial and Legal Service Division, under the supervision of the Registrar.  The Deputy Registrar acts as Head of the Judicial and Legal Service Division, under the supervision of the Registrar.  This division, is in general, responsible for administering and providing assistance to the Chambers, the Office of the Prosecutor and Defence Counsel in the performance of their functions.  This division, is in general, responsible for administering and providing assistance to the Chambers, the Office of the Prosecutor and Defence Counsel in the performance of their functions.

9.  The Judicial and Legal Services Division comprises four sections, the particular responsibilities of which are as follows:  The Judicial and Legal Services Division comprises four sections, the particular responsibilities of which are as follows:  A) Court Management Section, headed by a Senior Legal Officer. The responsibilities of of this section are to:  A) Court Management Section, headed by a Senior Legal Officer. The responsibilities of of this section are to:  i) Maintain the Judicial Archives of the Tribunal  i) 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

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

11.  iv) To file and distribute, on an expeditious basis, judgments, orders, requests, pleadings, and other official documents of the Tribunal to Judge, the supporting Legal Staff, the Parties and the Press and Public Affairs Section.  iv) To file and distribute, on an expeditious basis, judgments, orders, requests, pleadings, and other official documents of the Tribunal to Judge, the supporting Legal Staff, the Parties and the Press and Public Affairs Section.  v) To ensure non-confidential information in the custody of the Section is publicly available.  v) To ensure non-confidential information in the custody of the Section is publicly available.  vi) To maintain the Record Book, pursuant to Rules and a Summary of “Judicial Activities Sheet”.  vi) To maintain the Record Book, pursuant to Rules and a Summary of “Judicial Activities Sheet”.

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

13. Judicial Archives Judicial Archives  The Court Management Section is responsible for maintaining the Judicial Archives of the Tribunal.  The Court Management Section is responsible for maintaining the Judicial Archives of the Tribunal. The Judicial Archives shall contain: The Judicial Archives shall contain:  a) Case Files, maintained in accordance with given Articles.  a) Case Files, maintained in accordance with given Articles.  b) Correspondence files  b) Correspondence files  c) The Record Book – Summary of Judicial Activities Sheet  c) The Record Book – Summary of Judicial Activities Sheet  d) Audio & video cassettes, photographs, etc  d) Audio & video cassettes, photographs, etc

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

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

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

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

18.  The charges referred to in this Article shall be determined by decision of the Registrar.  The charges referred to in this Article shall be determined by decision of the Registrar.  Upon written request to the Registrar, all of the above-mentioned services may be provided after payment of Court Management Section charges , and subject to technical feasibility.  Upon written request to the Registrar, all of the above-mentioned services may be provided after payment of Court Management Section charges , and subject to technical feasibility.  Court Management Section charges shall not be imposed on Non-Profit Organisations, Academic Institutions, or any member of either of these, or on a State.  Court Management Section charges shall not be imposed on Non-Profit Organisations, Academic Institutions, or any member of either of these, or on a State.

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

20.  2. The Calendar shall be notified to the Judges and relevant Parties in a timely manner, and if no objection is received to the calendar within forty eight hours of such notification, it shall become mandatory.  2. The Calendar shall be notified to the Judges and relevant Parties in a timely manner, and if no objection is received to the calendar within forty eight hours of such notification, it shall become mandatory.  A copy of the calendar of the scheduled hearings shall be posted in public view in the Tribunal.  A copy of the calendar of the scheduled hearings shall be posted in public view in the Tribunal.  This calendar shall provide the case name and Number, the Judge or the Chamber, the date and time of the proceeding and whether it is a public or closed proceeding.  This calendar shall provide the case name and Number, the Judge or the Chamber, the date and time of the proceeding and whether it is a public or closed proceeding.

21. Scheduling Scheduling  1.The Registrar, Deputy Registrar or their delegate shall, in consultation with the appropriate Judge or Chamber, schedule the date and time of hearings before the Tribunal for each case, taking into account the requirements of justice and notably the right of an accused to be tried without undue delay.  1.The Registrar, Deputy Registrar or their delegate shall, in consultation with the appropriate Judge or Chamber, schedule the date and time of hearings before the Tribunal for each case, taking into account the requirements of justice and notably the right of an accused to be tried without undue delay.  Judicial vacations shall be scheduled in accordance with official United Nations holidays.  Judicial vacations shall be scheduled in accordance with official United Nations holidays.

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

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

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

25. Roles and Responsibilities of the Court Sections Roles and Responsibilities of the Court Sections  1. The Court Management Section assists the Chambers in the management of hearings, in the sealing,filing and distribution of documents to the Judges, the Parties and the Press and Public Affairs Unit.  1. The Court Management Section assists the Chambers in the management of hearings, in the sealing,filing and distribution of documents to the Judges, the Parties and the Press and Public Affairs Unit.  This section may also be called upon to assist the Chambers by providing drafts of Orders and Warrants, particularly those of a routine nature, as the Judges see fit.  This section may also be called upon to assist the Chambers by providing drafts of Orders and Warrants, particularly those of a routine nature, as the Judges see fit.

26.  2. Translation: T he Court Management Section shall be responsible for requesting translation of documents into the working languages of the Tribunal, in accordance with relevant Articles of the present Directive.  2. Translation: T he Court Management Section shall be responsible for requesting translation of documents into the working languages of the Tribunal, in accordance with relevant Articles of the present Directive.  The General Legal Service and Chambers Support section shall be responsible for ensuring that translations of Decisions , Judgements and Orders issued by the Chambers are correct and in proper form before they are filed with the Court Management Section.  The General Legal Service and Chambers Support section shall be responsible for ensuring that translations of Decisions , Judgements and Orders issued by the Chambers are correct and in proper form before they are filed with the Court Management Section.

27.  3. The General Legal Services and Chambers Support Section is responsible for providing assistance to the Chambers in legal research and drafting of decisions, judgements, opinions and orders.  3. The General Legal Services and Chambers Support Section is responsible for providing assistance to the Chambers in legal research and drafting of decisions, judgements, opinions and orders.  The Section is headed by a Section Chief who is responsible for for assisting the Chambers in the manner described, for ensuring that decisions, judgements, opinions and orders are in proper form and duly signed, and for organising the work of the Legal Officers assigned to the Chambers.  The Section is headed by a Section Chief who is responsible for for assisting the Chambers in the manner described, for ensuring that decisions, judgements, opinions and orders are in proper form and duly signed, and for organising the work of the Legal Officers assigned to the Chambers.

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

29. General Principles General Principles  All documents which the parties wish to serve on a Judge or Chamber must be first submitted to the Court Management Section, which shall be responsible for the distribution of Certified copies of the documents to Judges, the Parties and the Press and Public Affairs Unit.  All documents which the parties wish to serve on a Judge or Chamber must be first submitted to the Court Management Section, which shall be responsible for the distribution of Certified copies of the documents to Judges, the Parties and the Press and Public Affairs Unit.  All written motions applying for an order from a Judge or Chamber should be accompanied by a Draft Order , bearing the word(DRAFT”) thereon.  All written motions applying for an order from a Judge or Chamber should be accompanied by a Draft Order , bearing the word(DRAFT”) thereon.