Following Dr O’Brien Kaaba’s opinion piece published by MakanDay, the Court of Appeal has annulled its earlier ruling on 3 August 2022, in the case of Mubita Mwananuka v Armaguard Security CAZ Appeal No. 201/2021, to divest the High Court General List of jurisdiction over employment matters.
Dr Kaaba had argued that the decision “is in clear violation of the Constitution and demonstrates bewildering disregard of precedents by the Supreme Court and the Constitutional Court, which bind the Court of Appeal”.
On 24 August 2022, the three judges – Justices Mubanga Kondolo (SC), Petronella Ngulube and Anessie Banda-Bobo ruled that they had omitted to consider important decisions by the Constitutional Court and Supreme Court, thus failing to stand by binding precedent.
The judges said their 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 judgement has been understood as divesting the General List of jurisdiction to receive and determine labour related claims,” said the judges.
“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 position,” read the judgment in part.
By setting aside the earlier order granting the respondent liberty to commence the matter in the High Court Industrial Relations Division, it means the appeal succeeds and the matter is remitted to the High Court - General List before another Judge.