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    Zimbabwe Mag Court Rules Commentary Si 11 of 2019

    Uploaded by

    Vusi Bhebhe
    The document compares new Zimbabwean Magistrates Court rules to old rules, noting changes like provisions for electronic service and virtual hearings. It summarizes individual order changes, with some orders having no changes and others having new rules or procedures.

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    © All Rights Reserved

    Zimbabwe Mag Court Rules Commentary Si 11 of 2019

    Uploaded by

    Vusi Bhebhe
    145 views6 pages
    The document compares new Zimbabwean Magistrates Court rules to old rules, noting changes like provisions for electronic service and virtual hearings. It summarizes individual order changes, with some orders having no changes and others having new rules or procedures.

    Original Description:

    A brief note on the changes brought by SI 11 of 2019 comparing with SI 290 of 1980

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    © © All Rights Reserved

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    The document compares new Zimbabwean Magistrates Court rules to old rules, noting changes like provisions for electronic service and virtual hearings. It summarizes individual order changes, with some orders having no changes and others having new rules or procedures.

    Copyright:

    © All Rights Reserved
    145 views6 pages

    Zimbabwe Mag Court Rules Commentary Si 11 of 2019

    Uploaded by

    Vusi Bhebhe
    The document compares new Zimbabwean Magistrates Court rules to old rules, noting changes like provisions for electronic service and virtual hearings. It summarizes individual order changes, with some orders having no changes and others having new rules or procedures.

    Copyright:

    © All Rights Reserved
    of 6

    NEW MAGISTRATES COURT OF ZIMBABWE RULES COMMENTARY-This

    is just a list of changes to assist a practicing legal practitioner written


    by Vusumuzi Bhebhe of Chinogwenya and Zhangazha Legal
    Practitioners, No. 22 Nigel Philip Avenue, Eastlea, Harare, Zimbabwe
    © 2019
    It is a comparison between the old rules- Magistrates Court (Civil) Rules SI
    290 of 1980 and the new rules- Magistrates Court (Civil) Rules SI 11 of 2019
    Application and interpretation (Order 1)
    -there is a provision for electronic communications and virtual sittings O1 R6
    which is not in the 1980 rules. Applications of this nature are made to the
    Chief Magistrate.
    Messenger of the Court (Order 2)
    No changes.
    Clerk of Court (Order 3)
    Rule 3 Magistrate may do the clerks work save for taxation. 1980 rules did
    not exclude taxation.
    A clerk or magistrate may assist debtor under civil imprisonment and a party
    acting in forma pauperis in terms of O 28 and O5 respectively.
    Clerk of court office hours were previously not in the 1980 rules.(Rule 5)
    Representation of parties (Order 4)
    No changes.
    Proceedings IFP (Order 5)
    Now assessment of means now done by Department of Social Services [Rule
    1(2)]. 1980 rules, a Legal practitioner would assess.
    Law Society of Zimbabwe has a role to play now in such proceedings.
    Person suing IFP to pay messenger’s fees Rule 3(3)
    The other party may apply to have the person suing IFP debarred from
    continuing IFP
    Application to proceed against President or judges (Order 6)
    No changes.
    Service of process, notices (Order 7)
    Electronic mail service recognized Rule 5 (2) (a) & 12
    Rule 10 (e) proof of service by email affidavit or certificate of service by Legal
    practitioner
    Edictal citation now part of the rules. Previously it was a phenomenon of the
    superior courts. Rule 15.
    Summons (Order 8)
    No changes.
    Counter claims (Order 9)
    No changes
    Appearance to defend (Order 10)
    Appearance book now at Magistrates Court Rule 1(2)
    Electronic mail address Rule 3 (1) (d)
    Judgment by consent or default (Order 11)
    Deed of settlement and consent order now part of the rules. Rule 5.
    Procedure for barring and withdrawal Rule 3
    Period for filing plea used to be 48 hours now its 5 days Rule 3 (1) (a)
    Further particulars (Order 12)
    No changes.
    Payment into court (Order 13)
    Further details to procedure of payment into court.
    Exceptions, Motions to strike out and special pleas (Order 14)
    Defendant to file notice of opposition and opposing affidavit to an exception
    within 5 days of his or her being served with the exception Rule 1 (2)
    Plaintiff to file answering affidavit within 48 hours Rule 1 (3)
    Same procedure on motion to strike out, filing of notice of opposition as well
    as answering affidavit Rule 3 (2)
    Mandatory to write letter to the other party before filing exception or motion
    to strike out Rule 4
    1980 rules did not mention special pleas but provided for raising of other
    defences by means of a pleaO14 R 3. Now there is a detail of what special
    pleas are Rule 6 (1) and procedure for hearing before trial Rule 7
    Summary Judgment (Order 15)
    Rule 5 (2) Plaintiff allowed to replicate in respect of the part of the claim the
    defendant is granted leave to defend
    Plea (Order 16)
    Rule 2 (2) information delivered by the defendant in further particulars shall
    be deemed to be included in the plea
    Reply; Closure of pleadings Order 17
    No changes.
    Discovery and Inspection of documents (Order 18)
    Rule 4 (2)-(6) detailing place for inspection and power of magistrate to inspect
    and determine whether certain documents are privileged
    PTC and trials Order 19
    Expansion of Rule 11 Magistrate may mero motu dismiss case
    Magistrate may consult legal practitioners before trial Rule 4
    Rule 5 (1) need for consent of the other party if client wants to be excused by
    the court
    Withdrawal and dismissal (Order 20)
    Now mandatory for the party withdrawing any matter to tender costs to the
    other party Rule 2. 1980 rules provided that the other party could then apply
    for costs.
    Record of proceedings (Order 21)
    The commencement and end of each court session, including adjournments
    now should form part of the minutes of the record Rule 1 (1) (e)
    Applications (Order 22)
    Now there are provisions governing counter applications Rule 3.
    Now mandatory to file heads where parties are legally represented. Rule 4 (1)
    and (4).
    Rule 7 (1) there are now listed grounds upon which an ex parte application
    may be based. The 1980 rules had no such exhaustive list of grounds.
    Rule 7 (3) now mandatory to file an affidavit in support of an ex parte
    application. The 1980 rules did not provide for such but rather left the matter
    to the discretion of the court, which could direct the party to file an affidavit
    or other evidence in support of the ex parte application.
    Rule 9 now provisions for re-applications
    There is now provision for urgent applications Rule 10. No indication whether
    they will be dealt with in chambers or open court. Compare with Rule 9 (3).
    Interdicts and Attachments (Order 23)
    No notable changes except omission of Rule 5 (3) of the 1980 Rules.
    Subpoenas (Order 24)
    Rule 3 (2) penalty varied downwards to $20.00.
    Interest (Order 25)
    No changes.
    Execution (Order 26)
    No changes.
    Interpleader (Order 27)
    Duties of the applicant Rule 2 were not in the 1980 rules.
    Civil imprisonment (Order 28)
    Rule 4 (b) and (c) on additional powers of the court were not in the 1980
    rules.
    Rule 4 (2) the limitation to the powers of the Court.
    Warrant for civil imprisonment may now be executed on Sundays Rule 8 (1)
    (a) only public holidays are excluded.
    Garnishee Orders (Order 29)
    No changes.
    Rescission, variation or correction of judgments and orders (Order
    30)
    Rule 2 (1) (a) and (b) are new additions, they were not in the 1980 rules.
    Appeals and Reviews (Order 31)
    No major changes except the arrangement of provisions.
    The 1980 rules order 31 just provided for appeals now its both appeals and
    reviews (Rules 7-8).
    Rule 3 (1) now High Court and not Supreme Court.
    Costs and Messenger’s fees (Order 32)
    No substantive changes.
    Constitutional Applications, Referrals and Appeals (Order 33)
    New provisions. They were not in the 1980 rules.
    General (Order 34)
    In the 1980 rules it was order 33.
    No changes.
    Rules 11 and 12 were not in the 1980 rules.

    The author is a proud holder of


    Bachelor of Laws Honours Degree (cum laude) from the Midlands
    State University. He is also a registered Legal Practitioner, Notary
    Public and Conveyancer currently practicing as such with Messrs
    Chinogwenya and Zhangazha Legal Practitioners. You can get hold of
    him on: [email protected]
    Additions or deletions on this commentary are welcome.
    THIS COMMENTARY DOES NOT INCLUDE CHANGES ON PRESCRIBED
    FORMS, TARIFFS OF FEES. IT IS ALSO NOT MEANT TO BE USED AS A
    CONCLUSIVE SOURCE OF INFORMATION BY THOSE IN THE
    ACADEMIC CIRCLES. IT WAS WRITTEN FOR THE SOLE PURPOSE OF
    ASSISTNG A PRACTITICING LEGAL PRACTITIONER.

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