The Judicial Services Commission (JSC) have suspended the filing of new cases and other related processes for a period of 30 days as adherence measures listed in the re-imposed national lockdown order.
Only initial remands, urgent applications and bail applications shall be entertained during this period.
Following the reintroduction of Level IV National Lockdown measures, as published in Statutory Instrument 10 of 2021 (Public Health (COVID-19 Prevention, Containment and Treatment) ( National Lockdown ) (No.2) (Amendment) Order, 2021 (No.9), the practice direction shall be implemented until February 3, 2021 or as unless the lockdown period is earlier extended or revoked.
The operational directions came from the Office of the Chief Justice, led by Luke Malaba, to all the courts in Zimbabwe, which are the Constitutional Court, the Supreme Court, the High Court, the Labour Court, the Administrative Court and the Magistrates’ Court.
“This practice direction is issued to give guidance on court operations, filing of pleadings process and handling of cases before the courts for the duration of the lockdown period,” said the Office of the Chief Justice.
“With effect from January 4, 2021 the filing of new cases process documents, documents pleadings and papers shall be suspended for a period of 30 days up to February 3, 2021 unless the period is earlier extended or revoked.”
During the course of the lockdown period, court registries shall be open for litigants and legal practitioners on week days between 8an and 3 pm to accept process related to initial remands, urgent applications and bail applications.
“The sheriff and the Messenger of Court shall only serve process relating to urgent applications but shall not conduct any evictions, executions or sales in execution flowing therefrom,” said the Chief Justice’s Office.
The Office of the Chief Justice said admission into court premises and offices shall be for litigants, legal practitioners and witnesses, who were at all times be subjected to temperature checks and sanitisation of hands at entry into court premises, wear face masks in the manner prescribed by law.
Litigants, legal practitioners and witnesses must also avoid person to person contact and maintain social distancing as prescribed by law.
“Any person who does not comply with the requirement specified above shall not be allowed entry into court premises, courthouse or courtroom or shall be asked to leave the court premises or courtroom or courthouse. Entry into court premises or courthouse shall be limited to litigants, their legal practitioners, necessary witnesses and identified members of the press,” said the Office of the Chief Justice.
In the same vein, entry into court premises or courthouses shall strictly not be permitted to members of the public who have no business in court.
“Litigants who are required to attend court in a province or district other than where they are normally resident shall obtain the necessary letters of clearance at the nearest police station,” said the Chief Justice’s office.
The time limited by any rule for the filing of process pleadings, documents and or papers shall be suspended for the duration of the national lockdown while any act required by the Rules to have been done during the period of the lockdown within a specified period of time shall be done within the specified limit of calculated from the first business day after the last day of the lockdown period.
All pending civil cases are deemed to have been postponed, said the Chief Justice’s Office.
This applies “for all courts, matters shall be deemed to have been postponed to the first business day following the last day of the lockdown period. The registrars and clerks of court of the respective courts shall rest down the matters in consultation with the parties provided that the Sheriff and the Messenger of Court will not charge the costs of service for such matters,” said the Office of the Chief Justice.
