It is common cause that the COVID 19 which was declared a global pandemic by the World Health Organization (WHO) as of the 11^th of March 2020 has had devastating effects across the globe and has affected every aspect of people’s lives and their day to day activities. In response, most countries activated their emergency response mechanisms, declared national lockdowns and put in place measures to curb the spread of the virus.

In light of the above, the President of Zimbabwe through Public Health (COVID19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020, Statutory Instrument 83 of 2020, declared a national lockdown to contain the spread of COVID-19. The lockdown was for 21 days running from the 30^th of March 2020 up to the 19^th of April 2020 which period was extended to the 3^rd of May 2020 through Statutory Instrument 93 of 2020 and further extended to the 17^th of May 2020 by Statutory Instrument 99 of 2020. The period of the national lockdown was thereafter extended for an indefinite period, subject to fortnightly review from the 31^st of May 2020 through Statutory Instrument 110 of 2020. Statutory Instrument 110 of 2020 further provided for limited relaxation of lockdown measures allowing those in formal employment to resume operations.

COURT[1] OPERATIONS

It is critical to note that with the inception of the national lockdown, the Chief Justice of Zimbabwe had issued a practice direction (Practice Direction 1 of 2020), suspending court operations that is the filing of new cases all processes and pleadings for the duration of the national lockdown. The time limited by any rule for the filing of process and/or pleadings was suspended for the duration of the national lockdown. Any act which was required by the rules to have been done during the period of the lockdown within a specified period of time, was to be done within the specified limit calculated from the first business day following the last day of the lockdown period. All criminal and civil matters were postponed, and the courts were only entertaining initial remands, urgent applications as well as bail applications.

However, with the relaxation of the lockdown measures through Statutory Instrument 110 of 2020, the Chief Justice issued another Practice Direction (No. 3 of 2020). In terms of this practice direction, the courts became operational with effect from the 11^th of May 2020. This meant that litigants could proceed to file documents at the courts and court hearings have resumed. Court attendance, however, is regulated through measures to combat the spread of Covid 19. These measures include the wearing of face masks, maintaining social distance and that the entry into court rooms shall be limited to litigants and witnesses only. However, the Sheriff was prohibited from carrying out evictions, executions or conduct sales in execution during the period of the lockdown.

In light of this new development, it is our advice that it will not be a defence to allege that one did not attend court because they were observing lockdown measures by staying in their homes. If anyone has a pending case at court, they should make sure they secure relevant travel documents and approach the court to check the next hearing date of their matter. Otherwise if they fail to attend court, the court will proceed in their absence to their detriment.

The Zimbabwe Intellectual Property Office (ZIPO)

Pursuant to the National Lockdown which had been declared by the President, the Zimbabwe Intellectual Property Office (ZIPO) also introduced the following measures with respect to their operations; –

1. That the department will be operating with a skeletal staff to attend to critical issues only
2. That they will strictly attend to the following critical services; –
   1. Company name searches
   1. registration of new companies
   1. registration of bonds
   1. registration of transfers
   1. application of patents and trade marks

•  The documents are to be lodged in the respective labelled boxes by the main entrance and are to be lodged between 0830 to 1230 hours with proof of payment that is bank transfer.

We noted that on their critical services, ZIPO did not include some crucial services such as renewals and availability searches. Despite these challenges we have been trying our level best to ensure that clients’ legal rights are protected. Unlike the other courts referred to above, the national registry will not be conducting hearings during this period. It is our hope that with the review of the lockdown conditions, the responsible authorities will revisit their position so that they offer more services.

ARIPO

Notwithstanding the fact that the lockdown measures were relaxed, the ARIPO offices remain closed to the public. However, the office remains operational with its staff working from home. The ARIPO 24-hour online services has been very convenient and useful during this period. Further assistance can be granted regarding the ARIPO filing system.

Do not hesitate to contact us for any further clarification on what is prevailing in our jurisdiction.

 Be safe!

It will get better, it is only a question of time.

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[1] This applies to the Constitutional Court, the Supreme Court, the High Court, the Labour Court, the Administrative Court and the Magistrates’ Courts in Zimbabwe