Bernadette Mwate v Baobab College (2023/HPIR/976) [2024] ZMHC 242 (15 October 2024)
The court considered the need to expedite the hearing, judicial notice of costs, and the health status of the complainant, and found these sufficient to dismiss the application to discharge leave for testimony via video link.
Source-derived case information.
- Citation
- [2024] ZMHC 242
- Parties
- Complainant: Bernadette Mwate; Respondent: Baobab College
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- 2023/HPIR/976
- Procedural Posture
- Industrial Relations / Ruling on Ex Parte Summons to Discharge Order for Leave to Testify Via Audio Visual Technology
- Outcome
- Application dismissed
- Legal Topics
- Testimony Via Audio Visual Technology, Procedural Discretion, Assessment of Witness Demeanour
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernadette Mwate
Complainant
Baobab College
Respondent
Procedural Posture
Industrial Relations / Ruling on Ex Parte Summons to Discharge Order for Leave to Testify Via Audio Visual Technology
Legal Issues
- 1 Whether leave for the complainant to testify via audio visual technology should be discharged
Ratio Decidendi
The court considered the need to expedite the hearing, judicial notice of costs, and the health status of the complainant, and found these sufficient to dismiss the application to discharge leave for testimony via video link.
Court Disposition
Application dismissed
Orders
- Leave for the complainant to testify via video link is maintained
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA 2023 /HPIR/ 976 INDUSTRIAL RELATIONS DIVISION HOLDEN AT LUSAKA (CIVIL JURISDICTION) BETWEEN: BERNADETTE MWATE AND BAOBAB COLLEGE CORAM: JUDGE E. MWANSA Esq RESPONDENT APPEARANCES: For the Complainant : Messrs. Ellis & Company For the Respondent Mulenga Mundashi Legal Practiti.oners RULING 1.0 INTRODUCTION 1. 1. Before me is an Ex-parte Summons to Discharge an earlier Order I granted to th e Complainant for leave to testify via Audio Visual Technology. That Order is dated 19th September, 2024 . Rl 2.0 THE APPLICATION 2.1. Counsel for the Applicant, the Respondents in the main, argued basically that the Complainant did not reveal any compelling reason nor did they show cogent evidence justifying the exercise of such discretion. 2.2. That it would be cumbersome to properly assess the demeanour of the Complainant's witness. 2.3. And further that it would cause great prejudice to the Respondent's case as it would be difficult to tell £or a fact whether the Complainant's witness is being coached by a third party who is not visible to the Court, whether the video link has been tempered with or indeed whether the witness will be reading from a document during their testimony. 2.4. That the Covid restrictions were no longer inforce across most boarders so travelling was easy. 2.5. That Complainant had not demonstrated any financial hardships, inconvenience, incapability or any other insurmountable challenges justifying the need to testify via zoom video conferencing. R2 ·interest of justi,ce, dispense with the taking of any step re,qU'ired or ,authorised by these Rules, or may direct that any step be taken in some manner other than that prescribed by these Rules". ,(Emphasis provid,ed). 3.7. In allowing the witness to testify via video link. I Consider the following: 3.7. L The need to expedite the hearing of this case; 3.7.2. The cost involved even without the Complainant mentioning anything like it. I take Judicial Notice of this fact; and 3.7.3. The health status of the Complainant. 3.7.4. That said, the Application to discharge leave granted to testify via video link is itself dismissed. R4