By Christine Mazira, Intern.

There has been greater emphasis on the use of technology in important areas of the economy with countries being pressured to embrace working electronically. One of the areas on the spotlight has been the courts. In Zimbabwe, the courts have been upgrading, albeit slowly over time with the Covid 19 pandemic lockdown shedding light on the importance of working electronically.

To begin with, The Judicial Service Commission seems to be serious about embracing technology. In January 2020 the Zimbabwean judiciary mentioned that it would introduce live streaming of court cases attracting public and national interest at the Constitutional Court, starting from the 2020 Legal Year, already seen is the broadcast of the 2018 Election Challenge. The Chief Justice, Luke Malaba revealed that the live streaming of the 2018 Presidential election petition geared the innovation, hence the idea to make this a permanent feature. This move is crucial in that it advances transparency and accountability as the public becomes well aware of what is going on in court. Also, the innovation would instil faith in the operation of the judiciary, giving it the respect that it deserves.

It is pertinent to note that most countries allow live streaming of cases for instance, South Africa’s Supreme Court of Appeal upheld   the authority of a court to grant access to media inside the courtrooms for the purpose of recording and televising the proceedings after the presiding judge’s permission, showing that Zimbabwe is also catching up with technology

On May 31, 2020, the High Court (Commercial Division) Rules, Statutory Instrument 123 of 2020 (the Commercial Rules) were gazetted in Zimbabwe which came into operation on June 1, 2020. This marked the commencement of a division of the High Court specifically obligated to the determining and resolving of commercial matters. The Commercial Rules in particular were also widely expected as they are going to stipulate the direction in which the courts will take with respect to the use of technology.

Pertinent to note is Rule 46 under the heading Electronic service which provides that “the authentication of any electronic communication shall be effected by means of electronic signatures, and certified back-up copies of the communication in paper form or by such other acceptable means.” The Commercial Rules also allow for the Registrar to sign documents electronically and for electronic allocation of case files to judges.  However, it is apparent that electronic signatures on pleadings that are filed at court if served electronically will be acceptable. Thus Zimbabwean courts are embracing technology

Further, Rule 58, which provides that the Commercial Division is going to be a fully paperless court and only operate electronically by June 1, 2021. This in turn gives the Commercial Division a year to put up the tight and appropriate electronic filing services and portals on the internet and the registry. This change is welcome as it will ensure efficiency in the resolution of commercial disputes. Although the Commercial Division is supposed to be a fully electronic court, the Rules do not make provide for virtual hearings.

Although there is this new development, some law firms have continued to serve documents physically. It is not so clear why law firms are continuing in this manner;  this may be due to a force of habit, but it is more likely that there is a lack of trust in the reliability of serving documents and pleadings electronically in Zimbabwe.

The JSC’s integrated electronic case management system is a process and the commission believes in the great potential to automate court services and proceedings. The Chief Justice guarantees a system which will consist of exciting features such as increased public access to information in the future. The system will permit the public to find out the status of cases through electronic platforms viewable from public kiosks found in the registries of the courts. The system will provide judicial officers with a dashboard for the purposes of tracking the status of every case on the judicial officer’s case list. Also, virtual court sittings will be introduced to enable parties to make submissions to the Judge without the need of having to appear physically in the courtroom.

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