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    Mubita Mwanuka V ArmaGuard Security

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    Nkumbu kaluwe
    The Court of Appeal for Zambia issued a judgment overturning its earlier ruling regarding jurisdiction over employment claims. In its initial ruling, the Court had found that all employment claims must be filed in the High Court's Industrial Relations Division. However, upon further review of precedents from the Constitutional Court and Supreme Court, the Court of Appeal found its earlier ruling to be in error. Specifically, the Constitutional Court had previously held that the Industrial Relations Division maintains its own procedures under the Industrial Relations Act, not the High Court Rules, until new legislation is passed. Therefore, employment claims that were previously filed in the High Court general list could still validly be filed there. As a result, the Court of Appeal set aside its earlier

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    Mubita Mwanuka V ArmaGuard Security

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    Nkumbu kaluwe
    252 views3 pages
    The Court of Appeal for Zambia issued a judgment overturning its earlier ruling regarding jurisdiction over employment claims. In its initial ruling, the Court had found that all employment claims must be filed in the High Court's Industrial Relations Division. However, upon further review of precedents from the Constitutional Court and Supreme Court, the Court of Appeal found its earlier ruling to be in error. Specifically, the Constitutional Court had previously held that the Industrial Relations Division maintains its own procedures under the Industrial Relations Act, not the High Court Rules, until new legislation is passed. Therefore, employment claims that were previously filed in the High Court general list could still validly be filed there. As a result, the Court of Appeal set aside its earlier

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    Mubita Mwanuka v ArmaGuard Security

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    The Court of Appeal for Zambia issued a judgment overturning its earlier ruling regarding jurisdiction over employment claims. In its initial ruling, the Court had found that all employment claims must be filed in the High Court's Industrial Relations Division. However, upon further review of precedents from the Constitutional Court and Supreme Court, the Court of Appeal found its earlier ruling to be in error. Specifically, the Constitutional Court had previously held that the Industrial Relations Division maintains its own procedures under the Industrial Relations Act, not the High Court Rules, until new legislation is passed. Therefore, employment claims that were previously filed in the High Court general list could still validly be filed there. As a result, the Court of Appeal set aside its earlier

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    252 views3 pages

    Mubita Mwanuka V ArmaGuard Security

    Uploaded by

    Nkumbu kaluwe
    The Court of Appeal for Zambia issued a judgment overturning its earlier ruling regarding jurisdiction over employment claims. In its initial ruling, the Court had found that all employment claims must be filed in the High Court's Industrial Relations Division. However, upon further review of precedents from the Constitutional Court and Supreme Court, the Court of Appeal found its earlier ruling to be in error. Specifically, the Constitutional Court had previously held that the Industrial Relations Division maintains its own procedures under the Industrial Relations Act, not the High Court Rules, until new legislation is passed. Therefore, employment claims that were previously filed in the High Court general list could still validly be filed there. As a result, the Court of Appeal set aside its earlier

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    IN THE COURT OF APPEAL FOR ZAMBIA CAZ APPEAL NO.

    201/2021
    HOLDEN AT LUSAKA CAZ/08/313/2020
    (Civil Jurisdiction)

    BETWEEN:

    An AUG 2022
    MUBITA MWANANUKA APPELLANT

    AND 50067 •

    ARMAGUARD SECURITY LTD RESPONDENT

    CORAM: KONDOLO SC, NGULUBE, BANDA-BOBO, JJA


    On 15TH June, 2022 and on 3rd and 24th August, 2022

    For the Appellant : Ms. M.K. Liswaniso, Legal Aid Counsel- Legal Aid Board
    For the Respondent : Mr. V. Kayawe - In-house-Counsel

    JUDGMENT

    POSTEA 24th August, 2022

    On 3rd August, 2022 we delivered the above Judgment in which we omitted to

    consider important decisions by the Constitutional Court and Supreme Court

    thus falling foul of stare decisis and rendering our Judgment per incuriam.

    Our Judgment was to the effect that all employment related cases must be

    commenced in the High Court - Industrial Relations Division and not in the

    General List. The effect of the Judgment has been understood as divesting the

    General list of jurisdiction to receive and determine labour related claims.


    It has since been drawn to our attention that the Judgment has created

    challenges in the filing of employment related claims in the High Court. The

    Judgment in which we overlooked an important jurisdictional issue was

    delivered during the course of this month and requires immediate remedial

    action, hence this postea.

    We have as quickly as possible considered the relevant precedents including the

    case of Zambia National Commercial Bank Plc v Martin Musonda &

    58 Others (2017/CCZIRO04) Selected Judgment No. 24 of 2018 in

    which the Constitutional Court held as follows;

    "In its literal interpretation, Article 133 (2) of the

    Constitution as amended merely makes the Industrial

    Relations Court a division of the High Court and has not

    affected wholesale, the provisions of the Industrial and

    Labour Relations Act and its Rules to the extent that they

    do not conflict with any provision of the Constitution as

    amended. Until new legislation is enacted to provide for

    the processes and procedures and jurisdiction of the

    Industrial Relations Court Division pursuant to Article

    120 (3) (a) and (b) of the Constitution as amended, the

    Court continues to use the existing processes and

    procedures and enjoys the same jurisdiction."

    In short, even though the Industrial Relations Court became a division

    of the High Court by operation of law, it maintains its distinct character


    established by the Industrial Relations Act. The practice and procedure

    in the High Court Industrial Relations Division is therefore regulated by

    the Industrial Relations Rules and not the High Court Rules and will

    continue to do so until new legislation is enacted for the purpose.

    The effect of this is that, those employment related matters, that were

    previously filed in the High Court, before the divisions were created, can

    be competently filed on the general list as was done by the Appellant

    herein.

    The appeal therefore succeeds and we accordingly set aside our earlier

    order granting the Respondent liberty to re-commence the matter in the

    High Court Industrial Relations Division. The matter is hereby remitted

    to the High Court- General List before another Judge. Each party shall

    bear its own costs.

    M. M. KONDOLO, Sc
    COURT OF APPEAL JUDGE

    P.C.M. NGULUBE A.M. BANDA-BOBO


    COURT OF APPEAL JUDGE COURT OF APPEAL JUDGE

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