Courts are traditionally associated with benches settling the age-old problems of relatives fighting over a granny's house, hearing murder cases, and a long list of maintenance and financial disputes.

But the directives the Western Cape High Court issued on Monday, 2 October, reflect that while the problems are all still there, the technology to make it all happen is no longer the same.

The court has embraced virtual sittings as a possible permanent fixture, but only in certain justified situations. 

This follows the hasty pandemic pivot to messy Zoom and Teams meetings, which eventually became a viable alternative to in-person meetings, court cases and Parliament. 

Acting Judge President Patricia Goliath, in her directives of 2 October, stated the default rule is that all hearings should revert to open court. 

That is in line with South Africa's policy of transparency of justice and access to courts. 

During the Covid-19 pandemic, this right was severely curtailed due to social distancing regulations. Prisoners awaiting trial languished in jail as cases were put on hold. 

Many courts already have what detainees awaiting trial call "court TV" – a live feed from a prison office to a court used for quick postponements.

Using Zoom and Teams elevated this to a useful tool for court cases. However, this cut the public out unless proceedings were broadcast live or a journalist could obtain a link. Some observers also noted there is no opportunity to study body language or subtle nuance in a hybrid or completely virtual sitting.

So even though it's back to the long hard benches – and no more arguing in pyjama bottoms – with enough notice and justification, a hybrid sitting is still an option. 

A hybrid sitting is when some parties are in court, and others join online via Teams or Zoom. 

In the most recent hybrid sittings in the Western Cape High Court Nafiz Modack beamed in from Helderstroom Prison and Zandile Mafe's lawyer, Dali Mpofu SC, joined online from outside the province.

Goliath stated that consideration will be given for a hybrid hearing to parties or witnesses who do not live in the Western Cape and where the parties can't afford the travel costs to the province or are elderly or ill. 

"Pure convenience of legal representatives shall not be a deciding factor," she ordered.

The person applying to go hybrid must ensure all the parties have a good internet connection. The directives set out how links are to be obtained and shared. 

Recordings of all virtual hearings must be saved in MP3/MP4 format and forwarded immediately to the control room for storage. 

That recording will be considered the official court record.