Criminal cases rolled over
Chief Justice Luke Malaba has directed that all pending criminal cases be rolled over to at least until the end of the extended lockdown.
The decision comes in sync with President Mnangangwa’s address on Monday which saw an extension to the Level 4 lockdown measures by a further two weeks.
The extension also paved way to the normal 8-5pm business hours whilst the curfew was moved from 6pm-6am to 8pm-05:30am.
Now on Practise Direction 4, the Judicial Service Commission has moved all pending criminal cases originally given dates from January 5 and February 2 to be entertained between March 3 and March 31.
“All summonses, subpoenas and warnings in court issued directing accused persons and or witnesses to appear in court between January 5 and March 1, 2021 are 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 shall be supposed and shall resume on the first business day following the last day of the lockdown period,” he said.
With the practise direction applying to all the six main courts, the filling of new cases, process, documents, pleadings and papers remain suspended until March 1.
“Registries will only accept initial remands, urgent processes and applications and bail applications.
“The Sheriff and the Messenger of Court will be available to attend to matters that are connected or related to those filed,” said CJ Malaba.
CJ Malaba has also imposed stiff entry requirements into courtrooms.
“All persons who attend court will be tested and shall at all times be required to sanitise their hands at entry into court premises, wear face masks in the manner prescribed by law.
“Avoid person to person contact and maintain social distance as prescribed by law.
“Entry into court premises shall be limited to litigants, their legal practitioners, necessary witnesses and identified members of the press.
“Litigants who are required to attend court in province or district other than where they are normally resident shall obtain the necessary letters of clearance at the nearest police station,” said CJ Malaba.
The JSC has also limited time required by any rule for the filing of processes, pleadings, documents and or papers shall remain suspended for the duration of the extended national lockdown.
With regards to Civil matters, they are deemed to be postponed as follows for all courts, matters shall be deemed to have been postponed to the first business days following the last day of the lockdown period.
Registrars and clerks for the magistrate court shall reset down the matters in consultation with the parties, Sheriffs and Messenger of court have been ordered not to charge costs for re-serving notices.