On 23 June 2017, the Judicial Laws Amendment (Ease of Settling Commercial and Other Disputes) Act 2017 (The Act) was enacted. The Act introduces electronic court processes to the High Court and the Magistrates Court.
The enactment is a welcome development as the Act takes cognizance of the world as a global village where the global citizen may not be able to avail himself at court because of geography and economic circumstances but that should not stop or delay the administration of justice.
Section 3 of the Act, makes provision for the High Court Rules to provide for virtual sittings of both the open court and chamber hearings. An audible electronic device can be utilized in such manner. Such a device should allow all parties at the sitting to actively participate in the proceedings in real time. For a virtual hearing to be conducted, all the parties concerned must consent to the proceedings being conducted by way of virtual sitting. Once the appropriate rules are enacted, parties to civil proceedings who so consent can attend a court sitting by way of a messenger, facetime, skype / WhatsApp (the possibilities are endless) or even a regular telephone call (as the amendment makes specific reference to a “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.” This will make it easier for litigants who are based outside Zimbabwe to actively participate in proceedings without forking out huge sums of money for travelling expenses.
With litigants being based in different jurisdictions, section 4 goes further to state that the Rules of the High Court may be amended to provide for service of court process such as Summons, Court Applications and/or various pleadings by electronic means. This section takes into account several pronouncement by the Court allowing for service of process via electronic means.
The Magistrates Court is also moving to become a digital court, as section 8 of the Act makes provision for rules of the Magistrates Court to provide for virtual sittings, whilst section 9 makes provision for electronic service of process, authentication of documents by electronic means and digitisation of records lodged with the clerk of court.
While the Act and the concept of electronic justice is a pleasant development in our justice delivery system we still await the Rules of the Court to be amended to provide for this innovation. Once the rules are amended the whole concept of e-justice can be fully tested. Though the enactment is more than welcome in Zimbabwe, its enforcement in the current economic.
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