2017
JUDICIAL LAWS AMENDMENT (EASE OF SETILING COMMERCIAL AND OTHER DISPUTES)
8
New section inserted in Cap. 7:06
The principal Act is amended by the insertion in Part II ("Civil") after section 44
of the following section-
"44A Electronic sittings of court
( 1) Rules may provideforthesittings ofacourtandofamagistrate,
whether sitting in court or in chambers, to be conducted by the use of
any electronic or other means of 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.
(2)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.".
9
Amendment of section 73 of Cap 7:06
Section 73 ("Rules of court") of the principal Act is amended by the repeal of
paragraph (w) and the substitution of the following paragraphs"(w) the service of process by electronic means;
(x)
the authentication of documents by electronic means, whether
executed inside or outside Zimbabwe;
(y)
the digitisation of the records filed or lodged with a clerk of
any court (whether on a centralised basis for all courts or on a
decentralised basis by province or region) and the conditions of
access thereto or for the copying thereof for the purpose of any
judicial proceedings;
(z)
anything which, in terms of this Act or any other enactment, is
required or permitted to be prescribed in such rules.".
PART III
AMENDMENTS TO SMALL CLAIMS CouRTS Acr [CHAPTER
10
7: 12]
New section substituted for section 3 of Cap. 7:12
Section 3 of the principal Act is repealed and the following is substituted-
"3 Establishment and designation of small claims courts
( 1) For the purpose of this Act(a)
every magistrates court shall, within its area of jurisdiction,
be a small claims court; and
(b)
the Minister may, by statutory instrument, establish a small
claims court for any province.
(2) Where the Minister has established a small claims court in
terms of subsection ( 1)(b), he or she shall, by statutory instrument, specify
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