PRACTICE DIRECTION 3/ 2013
PROPER USE AND APPLICATION OF THE TERMS ‘STRUCK OFF THE
ROLL’; ‘POSTPONED SINE DIE’ AND ‘REMOVED FROM THE ROLL’
Application
1. This practice direction applies to all the Superior Courts of
Zimbabwe.
General Note
2. With a view to ensuring the uniform use and application of the
terms ‘struck off the roll’; ‘postponed sine die’ and ‘removed
from the roll’, the following changes to the current practice take
effect from 1 January, 2014.
Struck off the roll
3. The term shall be used to effectively dispose of matters which
are fatally defective and should not have been enrolled in that
form in the first place.
4. In accordance with the decision in Matanhire vs. BP & Shell
Marketing Services (Pvt) Ltd 2004 (2) ZLR 147 (S) and S vs.
Ncube 1990 (2) ZLR 303 (SC), if a Court issues an order that a
matter is struck off the roll, the effect is that such a matter is no
longer before the Court1.
5. Where a matter has been struck off the roll for failure by a party
to abide by the Rules of the Court, the party will have thirty (30)
days within which to rectify the defect, failing which the matter
will be deemed to have been abandoned.
Provided that a Judge may on application and for good cause
shown, reinstate the matter, on such terms as he deems fit.
Postponed sine die / Removed from the roll
6. The term ‘postponed sine die’ shall be used where a matter is
adjourned indefinitely without the Court specifying the date
when the matter shall be heard again.
7. The term ‘removed from the roll’ shall have the same meaning
as ‘postponed sine die’.
1
Such a matter can only be re-enrolled following an application for which an appropriate Court order is issued.
The Registrar shall not reset the matter without a Court order.
8. Where a Court either postpones a matter sine die or removes it
from the roll, the Court shall direct what a party must do and
the time frames by which the directive must be complied with.
9. On the expiry of the time frame set, the Registrar shall advise a
party of the non-compliance and call upon the party to rectify
the defect within thirty (30) days, failing which the matter shall
be deemed to have been abandoned.
10. Where directives have not been given in terms of paragraph 8
above, and a matter postponed sine die or removed from the
roll is not set down within three (3) months from the date on
which it was postponed sine die or removed from the roll, such
matter shall be regarded as abandoned and shall be deemed to
have lapsed.
Inactive matters
11. Currently, there are matters that were either “postponed sine
die” or “struck off the roll” in all the Courts and which have
been in that state for long periods of time. Heads of Courts are
requested to direct Registrars to set those matters down and
have them finalised.
Hon. Mr. Justice G.G. Chidyausiku
Chief Justice of Zimbabwe
HARARE
29 November 2013
