Labour Court should be restructured — Chidyausiku

 

The Chief Justice, who is also chairperson of the Judicial Service Commission, said this on Monday while officially opening the 2013 Legal Year.

He noted that Labour Court presidents were devoting equal time to all the cases coming before them despite the fact that some of them had an effect on the national economy.

“While I accept that matters of employment, especially where that employment is threatened or has been terminated, no case is less serious than the other to the concerned employee, there should be no debate that some labour disputes have more serious repercussions on the national economy than others. These ought to be treated with the seriousness they deserve,” he said.

“Disputes that threaten the livelihood of a manufacturing concern for instance or the possible liquidation of a bank cannot be placed on the same footing with the termination of employment of a single domestic employee for instance. Each calls for a different degree of application and experience.”

He expressed hope that the revision of the Constitution would take into account the real issues affecting the court and provide for a framework that would lead to its restructuring.

Turning to the High Court, the Chief Justice hailed the setting up of an electronic case tracking system in the civil registry in the capital.

The Chief Justice said he was regularly informed electronically of cases that would have been filed in the High Court and the movement or lack of it in all cases that would have been filed since 2012 to date.

For those cases filed in 2013, the Registry now scans pleadings and letters filed and immediately creates an electronic copy.

He said the creation of the electronic copy was done simultaneously with the filing of the case.

“This must be sad news to all those unethical lawyers and litigants, who used to request our officers to backdate pleadings, for a fee of course. To these lawyers, I say you may continue to request our officers to backdate your pleadings, but the date the pleading was scanned cannot be backdated, as I have been assured that the scanner does not take bribes, even from lawyers,” said Chief Justice Chidyausiku.

“I am also informed that with the simultaneous creation of an electronic copy of any document upon its filing, the destruction of records or key documents in any record is again no longer profitable business for our clerks. Endless copies of each filed document can be printed from the electronic copy.”

 

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