Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
THE Judicial Service Commission (JSC) has cancelled the traditional ceremony signifying the opening of the legal year in response to the 30-day national lockdown regulations.
The legal year is set to start on January 11. However, Chief Justice Luke Malaba’s speech to mark the official opening the 2021 legal year will be made available to stakeholders and the public through appropriate media channels.
CJ Malaba, on Monday 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, announced fresh 30-day lockdown regulations on Saturday following a spike in coronavirus cases.
Litigants are also barred from filing any new court applications save for urgent ones and bail applications.
In a statement yesterday, JSC said: “Due to the prevailing situation of the 30-day Level IV National Lockdown imposed under the Public Health (Covid-19 Prevention, Containment and Treatment) (National Lockdown) (No.2) (Amendment) Order, 2021(No.9) (published in Statutory Instrument 10 of 2021, to prevent, control and contain the spread of Covid-19, JSC announces that the traditional ceremony signifying the opening of the legal year will not be held.”
The 2021 legal year, which commences on Monday, coincides with the 2021 court calendar notified in General Notices 2444-2447 of 2020 published in the Government Gazette of September 18, 2020.
CJ Malaba said 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.
However, the Sheriff of the High Court and the Messenger of Court are only serving relating to urgent applications, but shall not conduct any evictions, executions or sales in execution flowing therefrom.
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 duration 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.
Litigants, lawyers and witnesses are at all times to 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.
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.
He said the time limited by any rule for the filing of process and pleadings shall be suspended for the duration of the national lockdown.
Courts will, however, continue to hear bail applications and initial remands, where there are constitutional rights involved, and will continue to hear urgent matters. — @mashnets
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