Compliments of the new season!
As we start the new year, it is true that many people could not wait to see their dreams and aspirations in the new year being fulfilled. However, the need to preserve life and to stay safe from the Covid-19 pandemic has derailed these hopes for many in Zimbabwe.
We wish to advise our valued Clients and stakeholders that Zimbabwe has entered into another 30-day National lockdown with effect from the 3rd of January 2021. The lockdown was introduced through the Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (No. 2) (Amendment) Order, 2021 (No. 9), Statutory Instrument No. 10 of 2021.
Zimbabwe therefore has moved back to level IV lockdown which entails that people are supposed to remain in their homes and only essential services are to remain open. The business hours for those offering essential services are from 0800 hours to 1500 hours and there will be a curfew beginning at 1800 hours and ending at 0600 hours on the following day.
In terms of section 2 (m) of the Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (No. 2) Order, 2020 published in Statutory Instrument 200 of 2020, Courts[1] are an essential service and they remain as such under the Level IV of the National Lockdown period. The Chief Justice proceeded to issue a practice direction, Practice Direction 1 of 2021 advising of the operational directions of the courts during the 30 day lockdown period.
Court Operations
The courts will only be offering limited services which include attending to initial remands; urgent processes and applications; and bail applications. The filing of new cases, process, documents, pleadings and papers will be suspended for a period of thirty 30 days up to the 3rd of February 2021, unless the period is earlier extended or revoked.
The time limited by any rule for the filing of process, pleadings, documents and or papers will be suspended for the duration of the lockdown and any act required by the Rules to have been done during the period of the lockdown within a specified period of time, will be done within the specified limit calculated from the first business day following the last day of the lockdown period.
All pending civil cases are deemed to have been postponed to the first business day following the last day of the lockdown period. All pending criminal cases on remand are as well rolled over for a period of 30 days.
The Zimbabwe Intellectual Property Office (ZIPO)
ZIPO issued a notice that it will be closed for business to members of the public during the lockdown period in compliance with Statutory Instrument 10 of 2021. This is so since ZIPO does not fall in the category of essential services as per the statutory instrument. However, the authorities at ZIPO did not issue guidelines on timelines and deadlines for filing documents which will be due for filing during the lockdown period. We hope further clarity and guidance on such issues will be provided by the Registry in due course.
African Regional Intellectual Property Organization (ARIPO)
As previously advised, ARIPO runs a digital based filing system hence, notwithstanding the lockdown, it will continue being operational. Filing of documents and making payments can be done online. However, their offices remain closed to the public, but our office is able to offer assistance in this regard.
Way forward
Notwithstanding the lockdown, we will be available to attend to your enquiries and whatever services you require our assistance on. Our staff will be working from home but will be available to attend to your needs, fully. We are contactable on our usual email addresses and mobile numbers.
Please remain safe.
Yours faithfully
Brenda Matanga
Head of Practice
BMATANGA IP ATTORNEYS
[1] This refers to the Constitutional Court, the Supreme Court, the High Court, the Labour Court, the Administrative Court and the Magistrates’ Court in Zimbabwe
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