The Sovereign Voice Issue 3 | Page 26

UZA DIRECTIONS HEARING 2 Unified Common Law Grand Jury of Southern Africa Julie-Anne Pho ITNJ Court Officer At 8AM (GMT+2) on Wednesday 16 December 2015, default judgments where a party does not appear, in the ITNJ held a second directions hearing for the matter this instance, Chief Justice Walsh of Brannagh used the of Unified Common Law Grand Jury of Southern Africa directions hearing as an opportunity to clarify further (‘UZA’) v Republic of South Africa, and Constitutional issues with UZA. After all, a trial in this matter has not Court of South Africa. Like the first directions hearing, yet happened (nor has it been scheduled) and as such, this hearing was conducted virtually, and Chief Justice the Respondents still have opportunities to bring their of the ITNJ, Sir John Walsh of Brannagh, presided over individual cases forward. the matter from his Chambers in Melbourne, Australia. Similarly, UZA was represented at the hearing by its On behalf of UZA, Brother Thomas clarified, per previ- Administrator, Brother Thomas, and Counsel, Miss T, ous orders made at the 1 December directions hearing, who both attended the hearing from Cape Town, South the UZA’s claim in the matter. At the hearing on 16 Africa. December, Chief Justice Walsh of Brannagh discussed points for UZA to consider, such as whether it wanted to The main purpose of this directions hearing was to give documentary evidence or viva voce evidence (wit- allow the Respondents an opportunity to defend the nesses giving oral evidence) at trial. An order was made action and present their respective cases. Unfortunately, that before the listed date for trial, UZA must confirm and despite numerous attempts by both UZA and the how it is seeking to support its claims at trial, and to no- ITNJ to advise the Respondents to attend the hearing, tify the Respondents and the ITNJ in this regard. Broth- there were no appearances from either the Republic er Thomas advised that UZA had a number of parties in of South Africa or the Constitutional Court of South mind that could be called as witnesses at trial. Africa. Although a party’s failure to attend a hearing is in no way advisable, particularly because it is not in Brother Thomas and Miss T were both satisfied that the interests of justice or fairness, it does not necessarily all outstanding queries and issues had been cleared up preclude a matter from proceeding. Although like other at the directions hearing. Consequently, it was unani- courts and tribunals, the ITNJ has discretion to make mously believed that the matter was ready to proceed to TheSovereignVoice.Org