Chronicle Editor
Sikhumbuzo Moyo, Senior Reporter
THE Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs yesterday began public hearings on the Judiciary Laws Amendment Bill.
The bill, among other highlights, seeks to amend the Constitutional Court, Supreme Court and High Court Acts, Administrative Court and Labour Court to provide for virtual court sittings in both civil and criminal proceedings subject to consent from both parties.
It also provides for the establishment of the Messenger of the Labour Court to enforce judgments.
In line with Parliamentary Legislative process, the Portfolio Committee will conduct public hearings throughout the country with Team A getting the ball rolling at Ambassador Hotel in Harare yesterday.
Today they will be at the Mutare Civic Centre before wrapping up proceedings at the Charles Austin Theatre in Masvingo.
Team B began at Chinhoyi Municipality hall yesterday and this morning will be at the Gweru Theatre before travelling to Bulawayo for an afternoon session at Selbourne Hotel. Lwendulu Hall in Hwange will be their next and final port of call tomorrow afternoon.
“Those wearing military uniforms, signs of ranks, flags or badges and political party regalia will not have access to the public hearings. The public, interested groups are invited to attend these hearings,” reads a statement from Parliament.
The bill is set to ensure that justice is served even during times of pandemic or any other disturbances, like the Covid-19 pandemic that paralysed public gatherings as the world battled with the outbreak.
” Section 27 (Sittings of Supreme Court) of the principal Act is amended by the insertion of the following subsections, and the existing section becoming subsection (1)— “(2) Subject to subsection (3) rules of court may provide for the sittings of the Supreme Court and of judges of the Supreme Court, whether sitting in court or in chambers, to be conducted by use of any electronic or other means of communication by which all parties to the proceedings at the sitting can hear and be heard at the same time without being physically present together (hereinafter referred to as “virtual sittings”): Provided that the parties concerned must consent to their proceedings being conducted by way of a virtual sitting.
“(3) Rules of court for virtual sittings shall apply to both criminal and civil proceedings. (4) A party who participated in a virtual sitting for which provision is made under the rules is taken for all purposes to have been present at the sitting,” reads Section 4 of the bill which seeks to amend Section 27 of Cap 7.13.
Clause Five of the Bill amends section 13 of the High Court to provide that no claim which is ordinarily within the jurisdiction of the Magistrates’ Court or any other inferior court or tribunal shall be lodged with the High Court in the first instance.
According to Clause Six of the Bill, the High Court Act shall be amended to allow a notice to be published by the Chief Justice to specify the area under the jurisdiction of the specific division of a specialist court to curb the misuse of forum shopping.
Forum shopping is defined as the practice of choosing the court in which to bring an action from among those courts that could properly exercise jurisdiction based on a determination of which court is likely to provide the most favorable outcome.
To reduce the workload of the High Court, Clauses 16 and 17 raise the prison sentence imposed by a Magistrate Court that could be reviewed by the High Court from 12 months to two years.
After the public hearings, the committee will prepare a report to be presented to Parliament during the second reading stage.
The responsible Minister will then make a formal introduction of the Bill in Parliament by reading the long title of the Bill but at this stage, there is no debate. After being read for the first time in Parliament, it will be referred to the Parliamentary Legal Committee (PLC). The PLC will consider the provisions of the Bill and report to the House within 26 business days on whether, in their opinion, any provisions of the Bill are in violation of the Constitution.
The PLC may issue an adverse or non-adverse report before it proceeds for the Second reading. If the House adopts the adverse report, the Bill falls away.
During the Second reading stage, the Minister will explain the broad principles of the Bill before the respective committee presents its own report before debate which is confined to the principles of the Bill and after that, it is read for the Second time before going to the committee stage where the House will go clause by clause where amendments, if any, are presented and must appear on the Order page at least a day before the Committee stage.
At the conclusion of the Committee stage, the chairperson reports the Bill to the House with or without amendments and if it has, it is referred to the PLC which should consider it within six business days and report back to the House.
The report of the PLC given at this stage shall be treated in the same manner as those presented when the Bill was first presented. If no amendments are made at the Committee stage, it is set for the Third and last stage of reading which also signifies that is has passed by that House. Once the Bill has been passed in the House of Origin, it is sent to the other House where it will go through all the stages commencing from the Second reading.
After the Bill has been passed, the President is required to assent or withhold his/her assent within 21 days and where the President considers it to be unconstitutional, he/she shall return it to the Parliament together with detailed reasons and the Speaker shall without delay cause the National Assembly to be convened to reconsider the bill.
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