JUDICIAL LAWS AMENDMENT (EASE OF SETTLING COMMERCIAL AND OTHER DISPUTES)
2017
communication by which all the 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 apply only to civil proceedings and not
to criminal proceedings, except in such circumstances and subject to such conditions
as may be specified by or under the Criminal Procedure and Evidence Act !Chapter
9:07].
(4) A party who participates in a virtual sitting for which provision is made
under the rules is taken for all purposes to have been present at the sitting.".
4
Amendment of section 56 of Cap 7:06
Section 56 ("Rules of Court") of the principal Act is amended(a)
in subsection (1) by the insertion after "High Court" of the words ", or
of any specialised division of the High Court,";
(b)
in subsection (2) by the repeal of paragraph (cc) and the substitution of
the following paragraphs"(cc) the service of process by electronic means;
(dd) the authentication of documents by electronic means, whether
executed inside or outside Zimbabwe;
(ee) the digitisation of the records filed or lodged with the Registrar
and the conditions of access thereto or for the copying thereof
for the purpose of any judicial proceedings;
(ff)
5
generally, any matter in respect of which, in the opinion of the
Chief Justice and the Judge President, it is necessary or desirable
to make provision in order to ensure or facilitate the proper
dispatch and conduct of the business of the High Court and, in
relation to criminal cases, for carrying the criminal law, practice
and procedure into effect.".
Savings
For the avoidance of doubt it is declared that the following are specialised divisions
of the High Court for the purpose of section 171(3) of the Constitution(a)
the Electoral Court constituted in terms of Part XXII of the Electoral Act
[Chapter 2:13]; and
(b)
the Fiscal Appeal Court constituted in terms of Part II of the Fiscal Appeal
Court Act [Chapter 23:05]; and
(c)
the Special Court for Income Tax Appeals constituted in terms of section
64 of the Income Tax Act [Chapter 26:06]; and
(d)
the Intellectual Property Tribunal constituted in terms of the Intellectual
Property Tribunal Act [Chapter 26:08!; and
(e)
the criminal ,civil and family law divisions of the High Court established
before the commencement of this Act.
129
No.7