AfricaPress-Tanzania: THE Appellate Division of the East African Court of Justice (EACJ) is starting virtual hearings this week as a measure to protect stakeholders against Coronavirus.
It is resuming its sessions via Video Conference following a decision by the extra Ordinary Plenary for Judges held virtually last month that resolved Court to roll out online hearings, delivery of rulings and judgments this month after a successful test run.
The decision on video conference hearings is based under Rule 132 & 133 of the EACJ Rules of Procedure 2019, on use of technology in court proceedings and electronic sharing of documents respectively.
To supplement the provisions, the Court has also issued extra guidelines to be followed by the parties.
“The Appellate Division’s Cause List, a total of 12 matters have been scheduled for hearing and these include five Scheduling Conferences, two hearings of the reference and application, one hearing of arbitration, three rulings and one judgment to be delivered,” said Mr Yufnalis Okubo, the EACJ Registrar.
All the matters will be brought before a bench of their lordships of the Appellate Division, Justices: Dr Emmanuel Ugirashebuja (President), Liboire Nkurunzinza (Vice-President), Aaron Ringera, Geoffrey Kiryabwire and Sauda Mjasiri.
Rule 132 and 133 of the East African Court of Justice Rules of Procedure provides for Case Management and Recording System.
Rule 132 on Use of Technology provides that the Court and parties in every judicial proceeding should as much as possible use technology to expedite proceedings and make them more efficient and effective.
Such technology includes an e-filing system for filing and service of documents electronically; digital display devices; real-time transcript devices; video and/or audio conferencing or any other technology approved by the Court.
Rule 133 on electronic exchange of documents provides that parties may by agreement consider using technology for purposes of information exchange and at trial.
In preparing a case for trial the parties are specifically encouraged to exchange electronic versions of documents such as pleadings and statements.
It also provides for the parties to consider the use of electronic data at trial in accordance with the Court’s requirements; serve documents electronically through email, instant messaging applications and any other widely used electronic communication service.
Where a party serves any pleading or document by electronic means they shall file an affidavit of service explaining the mode of service. Parties can, on request, accede to copies of Court documents in an electronic format.
At any time during or after Court proceedings, the Court may deliver any decision electronically, by transmitting a copy of the judgment or ruling to the parties through email, instant messaging applications, and/or any other widely used electronic communication service.
