Online Reporter
Sikhumbuzo Moyo
CHIEF Justice Luke Malaba has issued Practice Direction 1 of 2026 on the proper use and application of the terms ‘Struck off the roll’, ‘Postponed Sine die’and ‘Removed from the roll’ in the Magistrates’ Court.
In a notice, the Judicial Service Commission of Zimbabwe (JSC) said the Practice Direction takes effect on March 2, 2026.
According to the directive, the move is aimed at ensuring uniformity and consistency in how the three legal terms are applied in court proceedings.
“Under the new guidelines, the term “struck off the roll” is to be used only to dispose of matters that are fatally defective and should not have been enrolled in that form in the first place. The defect must be so fundamental that the case cannot proceed,” said Chief Justice Malaba.
He said where a matter has been struck off the roll due to failure by a party to comply with court rules, the non-compliant party will have 30 days to rectify the defect, and failure to do so will result in the matter being deemed abandoned. The clerk of court must immediately place it before a magistrate for dismissal.
“Where a matter has been “postponed sine die” or “removed from the roll” and is not reinstated within three months, it becomes a dormant matter. Such cases will be regarded as abandoned and must also be placed before a magistrate for dismissal,” said CJ Malaba.
A Practice Direction (PD) is an official supplemental document issued by a court or judiciary that provides guidance, instructions and procedures on how to implement rules of civil or criminal procedure. It clarifies how courts should function, ensuring consistent, efficient and standardised legal processes for practitioners and litigants.
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