Federal High Court amends 2026 pre-election rules, approves virtual hearings

The Federal High Court has updated its 2026 Pre-Election Practice Directions, introducing significant changes that empower judges to conduct virtual hearings and transfer pre-election cases across different judicial divisions. The revised rules also mandate that court registries will be open on weekends and public holidays specifically for filing election-related lawsuits.

These amendments, issued by Chief Judge Justice John Tsoho, became effective on July 14, just weeks after the initial Practice Directions were implemented on June 26. According to Dr. Catherine Christopher, the court's Director of Information, the updated directions are based on constitutional provisions, sections of the Electoral Act 2026, and other relevant laws. The primary goal is to enhance the speed, efficiency, and fairness in determining pre-election matters, aligning with constitutional and legal requirements.

While the earlier directions focused on strict timelines and limiting adjournments and interlocutory applications, the new version expands the court's administrative and technological capabilities ahead of the 2027 general elections. A key addition allows judges handling pre-election cases to utilize technology, including virtual hearings, for proceedings. The Chief Judge is now expressly authorized to assign judges to any division for pre-election cases or transfer cases between divisions when deemed necessary, powers not present in the previous directions.

The amended rules also bolster electronic case management, permitting the court to notify legal counsel about urgent proceedings and case events via email or other electronic methods, provided at least 48 hours' notice is given. While maintaining the restriction of a maximum of two adjournments per party, the new rules further stipulate that no adjournment applications will be considered on a scheduled hearing day. Parties changing legal representation during proceedings are also limited to two adjournments. The Practice Directions uphold the constitutional requirement for timely resolution of pre-election disputes.

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The Chief Judge shall have power to assign Judges to sit in any Judicial Division for the hearing and determination of pre-election matters and/or to transfer pre-election matters from one Judicial Division to the other.