CIVIL hearings at both the High Court and Magistrates’ Courts, will soon take place via sKype and video conferencing, as the judiciary system embraces new information and communication technology (ICT).
BY PAIDAMOYO MUZULU
The changes are contained in the recently gazetted Judicial Laws Amendment Bill.
The Bill seeks to establish the virtual courts system to facilitate settling of commercial and marriage disputes with parties no longer necessarily obliged to be physically present in a courtroom, if they so wish.
According to the proposed law, Section 47 of the High Court Act would read: “Subject to subsection (3), rules of court may provide for the sittings of the High Court and of the judges of the High Court, 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.”
The same changes would also apply to the Magistrates’ Courts and also extend to the filing of papers with the courts, but the same would not apply to criminal proceedings.
“This clause seeks to amend the rule, making power bestowed by section 73 of the Magistrates Courts Act to enable rules to be made for such matters, as the electronic service of process, the electronic authentication of court documents, and electronic access to records filed with a clerk of court,” the proposed law reads in part.
“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.”
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While some legal experts have welcomed the adoption of ICT, they contend that its effectiveness would be determined by internet connectivity and the availability of electricity.
