CJ Malaba Issues Guidelines For Courts During Lockdown

Zimbabwe’s Chief Justice, Luke Malaba has issued a cocktail of guidelines for the judiciary system in the country during the 30-day level iv national lockdown.

Operational directions for the courts during the 30-day COVID-19 level IV lockdown:-Practice Direction 1 of 2021 states that the courts are an essential service and will continue operating under the following guidelines.

Application

I) This practice direction applies to the Constitutional Court. the Supreme Court. the Nigh Court, the Labour Court. the Administrative Court and the magistrates’ Court in Zimbabwe.

General Note

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2) In terms of section 2 (m) of the Pubic Health (COVID-19 ProvenDon, Containment and Treatment) (National Lockdown) (No. 2) Order, 2020 published in Statutory Instrument 200 of 2020. Courts are on essential service and they remain as such under the Level IV Notional lockdown period pronounced through the Public Health (COM- 19 Prevention, Containment and Treatment) (National Lockdown) (No. 2) (Amendment) Order, 2021 (No. 9) (Published in Statutory Instrument 10 of 2021).

3) While Courts wi remain open for the duration of the lockdown period. they ore constrained to function normally due to restrictions imposed by Statutory instrument 10 of 2021: emergencies presented by the pandemic: and the need to save lives.

4) In light of these current exigent circumstances, courts will therefore provide limited services.

5) This practice direction is issued to give guidance on court operations: filing of pleadings and process: and handling of cases before the courts for the duration of the lockdown period.

Court Operations

6) With effect from 5 January 2021, the filing of new cases, process, documents_ pleadings and papers shall be suspended for a period of thirty (30) days up to 3 February 2021, unless the period earlier extended or revoked.

7) The limited services that will be provided by the courts are initial remands, urgent processes and applications: and ball application.

8) 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 7 above.

9) Registries shall be open for litigants and legal practitioners on weekdays, between 0800hrs and 1500hrs to accept processes related to matters outlined in paragraph 7.

10) Admission into court premises and offices shall be subject to paragraphs 11. 12. 13 and 14 below.

13) Entry into Court premises/courthouses/courtrooms shall be limited to litigants their legal practitioners necessary witnesses and identified members of the press.

14) Entry into Court premises/courthouses shall strictly not be permitted to members of the pubic who have no business of court.

15) 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 police station.

Dies Induciae/ Prescriptions

16) The time limited by any rule for the filing of processes, pleadings, documents and or papers shall be suspended for the duration of the national lockdown.