By Lerato Ndlovu
The Judiciary Service Commission (JSC) has published operational directions for the courts during the extended covid- 19 induced level iv national lockdown period.
This was influenced by the pronouncement by His Excellency on yesterday and the issuance of Statutory Instrument 42 of 2021 of National Lockdown (No.2) (Amendment) Order, 2021 (No. 13)) extending the Level IV National Lockdown period by a further two weeks.
The practice direction was issued to guide on court operations for the period from 16 February 2021 up to the expiry of the extended Level IV National Lockdown.
In a statement, Chief Justice Honorable Justice Luke Malaba said the practice direction applies to the Constitutional Court, the Supreme Court, the High Court, the Labour Court, the Administrative Court and the Magistrates’ Court in Zimbabwe, taking effect from 16 February 2021 and shall remain in effect until the expiry of the extended lockdown period.
“The filing of new cases, process, documents, pleadings and papers shall remain suspended for the period up to 1 March 2021, unless the period is earlier extended or revoked. Registries will only accept initial remands; urgent processes and applications; and bail applications.
“Registries shall be open for litigants and legal practitioners on week days, between 0800hrs and 1600hrs to accept process related to matters outlined in paragraph 4 above. The Sheriff and the Messenger of Court will be available to attend to matters that are connected or related to those filed in terms of paragraph 4.” He said
He added that all persons who attend court will be tested and shall at all times be required to sanitize their hands at entry into court premises; wear face masks in the manner prescribed by law; avoid person to person contact; and maintain social distancing as prescribed by law.
“Entry into court premises/courthouses/courtrooms shall be limited to litigants, their legal practitioners, necessary witnesses and identified members of the press. Entry into court premises/courthouses shall strictly not be permitted to members of the public who have no business at 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,” it read.
Civil cases have been postponed as follows: For all courts,
a) matters shall be deemed to have been postponed to the first business day following the last day of the lockdown period.
b) The registrars and clerks of court of the respective courts shall reset down the matters in consultation with the parties.
c) Provided that the Sheriff and the Messenger of Court will not charge the costs of serving notices of re-set down for such matters.
For criminal matters dates were also moved all summonses, subpoenas and warnings in court issued directing accused persons and or witnesses to appear in court between 5 January 2021 and 1 March 2021 are cancelled and shall be reissued after the expiry of the lockdown period.
