The suspension of court business comes after Vice President
Constantino Chiwenga, who is also Health and Child Care Minister, announced
fresh 30-day lockdown regulations on Saturday following a spike in coronavirus
cases.
In a memo also known as the Practice Direction issued on
Sunday, which applies to the Constitutional Court, the Supreme Court, the High
Court, the Labour Court, the Administrative Court and the Magistrates’ Courts,
Chief Justice Malaba said the reintroduction of Level IV national lockdown
measures had 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.
He said with effect from yesterday, the filing of new
cases, process, documents, pleadings and papers shall be suspended for 30 days
up to February 3, unless the period is earlier extended or revoked.
Only initial remands, urgent applications and bail
applications shall be entertained. In addition, registries shall be open for
litigants and legal practitioners on week days between 8am and 3pm to accept
process related to matters specified in the Practice Direction note.
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, according to the notice.
Litigants, lawyers and witnesses shall at all times be
subjected to temperature checks and sanitisation of hands at entry into court
premises.
They are also required to wear face masks in the manner
prescribed by law, avoid person to person contact, and maintain social
distancing as prescribed by law.
“Any person who does not comply with the requirements
specified . . . shall not be allowed entry into courthouse or shall be asked to
leave the court premises or courtroom or courthouse,” said Chief Justice
Malaba.
“Entry into court premises/ courthouses/ courtroom shall be
limited to litigants, their legal practitioners, necessary witnesses and
identified members of the press.”
Further, entry into court premises or courthouses will
strictly not be permitted to the public who have no business at court while
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.
Chief Justice Malaba said the time limited by any rule for
the filing of process, pleadings, documents and/ or papers was suspended for
the duration of the lockdown.
“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 calculated from the first business day following the last
day of the lockdown period,” he said.
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.
Subpoenas and warnings in court issued directing accused
persons and/ or witnesses to appear in court between yesterday and February 3,
were cancelled and shall be reissued after the expiry of the lockdown period. Herald
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