CHIEF Justice Luke Malaba has announced that lawyers and litigants filing urgent chamber and bail applications at superior courts are no longer allowed to attend hearings to make oral representations or arguments in response to the 30-day national lockdown regulations.
The new regulation, which came into effect last Friday, is
set to remain in effect until the expiry of the Level IV lockdown period. Litigants
are also barred from filing any new court applications save for urgent ones and
bail applications.
In a statement, CJ Malaba said the new practice direction
applied to the Constitutional Court, Supreme Court, High Court, Labour Court
and Administrative Court.
“With effect from 22 January 2021, a judge may consider and
dispose of an urgent chamber or bail application on the papers without calling
the parties to make oral representations or arguments, provided that in respect
of bail applications, parties shall be at liberty to file heads of arguments
with or immediately after filing their applications or opposing papers,” he
said.
In accordance with Paragraph 7 of Practice Direction 1 of
2021, courts are currently offering limited services namely initial remands,
urgent processes and applications and bail applications.
“This practice direction is designed to give guidance on
the hearing of urgent chamber and bail applications for the duration of the
lockdown period,” said CJ Malaba.
The Judicial Service Commission (JSC) also cancelled the
traditional ceremony signifying the opening of the legal year in response to
the 30-day national lockdown regulations. The 2021 Legal Year started on
January 11.
CJ Malaba recently directed judges of all superior courts
and magistrates to suspend regular court operations and postpone pending
criminal and civil matters in compliance with the 30-day national lockdown
regulations.
The suspension of court business comes after Vice President
Constantino Chiwenga, who is also Health and Child Care Minister, recently
announced fresh 30-day lockdown regulations following a spike in coronavirus
cases.
The reintroduction of Level IV national lockdown measures
necessitated the issuance of the practice direction to guide court operations,
filing of pleadings, process and handling of cases before the courts for the
duration of the lockdown period.
The filing of new cases, process, documents, pleadings and
papers was suspended for 30 days until the end of the lockdown period on
February 3 unless the period is either extended or revoked.
All summonses, subpoenas and warnings in court issued
directing accused persons and witnesses to appear in court between 5 January
2021 and 3 February 2021 were cancelled and shall be reissued after the expiry
of the lockdown period.
Where an offender is required to perform community service at
an institution which is closed for the dusration of the lockdown period, the
performance of community service was suspended and shall resume on the first
business day following that last day of the lockdown period.
All pending civil cases are deemed to have been postponed
and the registrars and clerks of court of the respective courts will reset the
matters in consultation with the parties in line with set guidelines.
Similarly, all pending criminal cases on remand by virtue
of the practice direction have been rolled over for a period of at least 30
days.
CJ Malaba directed registrars of the superior courts to
reset the matters down in consultation with the parties.
Courts will, however, continue to hear bail applications
and initial remands, where there are constitutional rights involved, and will
continue to hear urgent matters. Herald
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