(1)Subject to subsection (2), a court may decide any matter without hearing oral arguments, other than a matter prescribed by the Criminal Procedure Rules.
Section history
Section 238A — Oral hearing not needed generally
As in force on 5 December 2025.
Timeline 3 versions
- 1 April 2022 Act 25 of 2021
- 31 May 2024 Act 5 of 2024
- 5 December 2025 You are here
- 17 August 2026 Latest
(2)Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an offence) to be conducted without an oral hearing.
(3)Subject to subsection (4), a court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties, using such means of communication as directed by the court.
(4)The court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties.
(5)To avoid doubt, this section does not affect the power of a court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments.
(6)Despite section 298, but subject to subsections (7) and (8), where under subsection (1) a court decides any matter without hearing oral arguments, the court is not required to deliver judgment in open court.
(7)Where, under subsection (1), a trial court decides a matter without hearing oral arguments —
(a)the trial court must deliver judgment and pass sentence in open court if the trial court finds an accused guilty and imposes a sentence other than a sentence of a fine only;
(b)the trial court must pass sentence in open court if the trial court, having imposed a sentence of a fine only after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence other than a sentence of a fine only; or
(c)the trial court must pass sentence in open court if the trial court, having imposed a sentence (other than a sentence of a fine only) after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence that is or includes a different type of sentence, other than a sentence of a fine only.
(8)Where, under subsection (1), a court (called in this subsection a relevant court) decides any matter without hearing oral arguments in any criminal appeal, case stated, criminal revision, criminal reference or criminal motion, the relevant court must deliver judgment and pass sentence in open court if —
(a)the relevant court reverses the acquittal of an accused and imposes a sentence other than a sentence of a fine only;
(b)where a sentence of a fine only had been imposed on the accused, the relevant court varies the sentence by imposing a sentence other than a sentence of a fine only; or
(c)where a sentence (other than a sentence of a fine only) had been imposed on the accused, the relevant court varies the sentence by imposing a different type of sentence (other than a sentence of a fine only), whether in addition to or in substitution of the sentence earlier imposed.
(9)In subsection (7), “trial court” includes a court that records a guilty plea.