Online Reporter
Sunday Mail Reporter
Virtual hearings, e-filling and e-service at the Magistrates’ Courts will be fully implemented within a year, following amendments of the Magistrates’ Court (Civil) Rules to enable the roll-out of the Integrated Electronic Case Management System (IECMS) platform.
The regulations were gazetted on Friday by the Ministry of Justice, Legal and Parliamentary Affairs.
The move is part of a broader push to modernise court operations, improve efficiency and reduce reliance on physical paperwork.
The system has already been implemented at the superior courts which include the Constitutional Court, the Supreme Court, the High Court, the Administrative and the Labour Court.
The amendment of the rules at the magistrates’ court was meant to align them with the new system.
For the moment, cases can be filed both electonically and physcically for the next 12 months as a trial run.
Litigants or their representatives will be expected to create an IECMS account, through which they can file pleadings, access case records, serve documents electronically and participate in virtual hearings.
To support the transition, the Judicial Service Commission will establish e-filing centres at every magistrates’ court station, offering free access to internet-connected devices and technical assistance.
These centres will help litigants and legal practitioners to file documents, track cases, serve documents electronically and participate in virtual hearings.
“There shall be e-filing centres with internet access and related services provided using dedicated computers or electronic gadgets at each High Court station, and every magistrates’ court station,” reads the SI.
“The e-filing centres shall be accessible at no cost. There shall be designated e-filing officers to assist litigants and representatives at every e-filing centre.
“A litigant or representative of a litigant shall be entitled to use an e-filing centre nearest to him or her.”
Although litigants will be able to file documents online at any time, the processing and official acceptance of filings by the Clerk of Court will only occur during official court office hours, from 8am to 1pm and 2pm to 4.30pm on weekdays.
Importantly, the new regulations introduce virtual court hearings conducted via the IECMS platform, with litigants allowed to access proceedings either physically or remotely.
“The platform shall be programmed to ensure the security, authenticity and where necessary, confidentiality of virtual proceedings,” the SI reads.
“The platform shall ensure that virtual hearings are conducted as seamlessly as possible without interruption and to this end, the Clerk of Court shall take measures to resolve any technical challenges experienced during the conduct of virtual proceedings.”
Under the new framework, the courts are expected to fully migrate to paperless operations within 12 months of the electronic filing system’s operational launch, except in exceptional circumstances authorised by a magistrate or the court.
Members of the public who are not directly involved in a case will, unless the court orders otherwise in the interest of justice, be permitted to access virtual hearing proceedings through a link provided by the court.
“The platform shall be availed for parties to use on a voluntary and consensual basis, subject however to the court’s power to direct that, in the interests of justice, a particular case shall be heard virtually,” reads the SI.
“The agreement of the parties to have a virtual hearing of their matter shall be embodied in writing and signed jointly by them and lodged with the Clerk of Court no later than ten days before the proposed virtual hearing provided that where parties fail to agree as to the nature of proceedings, the Clerk of Court shall refer the matter to a magistrate in chambers for an appropriate determination.”
