HIGH Court judge Edward Musona yesterday viewed the video that allegedly went missing in open court in a case in which Munali member of parliament Professor Nkandu Luo appealed against the nullification of her seat for electoral malpractice.
After viewing the video, judge Musona said he had complied with the Constitutional Court order, saying he would render a ruling on the same on Thursday.
On February 26, the Constitutional Court ordered judge Musona to view the video that was produced before him last year depicting the alleged violence that characterised the Munali parliamentary election in 2016 and led to the nullification of Prof Luo’s seat.
The court asked judge Musona to view the video and confirm its authenticity to the Constitutional Court.
Munali UPND losing candidate Doreen Mwamba had asked the Constitutional Court to set aside its order of July 18 last year that the case in which Professor Luo appealed against the nullification of her seat proceeds without the video evidence and the court ruled that the judge who viewed the video must confirm its authenticity.
Earlier, judge Musona asked Lusaka High Court senior assistant registrar Neto Zulu, who presented the video, to show cause why he did not avail it on Monday.
Zulu explained that he did not avail the video due to communication breakdown.
He said he had been in custody of the video for a month after the registrar for the Constitutional Court gave it to him for safe keeping because her chambers did not have a safe.
Zulu said he was not aware that the video was supposed to be produced, adding that if he had been informed by the registrar, he could have done so.
Ruling in the matter, judge Musona said having heard Zulu’s explanation, he could see that there was communication breakdown saying it was a serious administrative problem.
He said the failure to view the video on Monday was embarrassing not only to him but the entire judiciary.
Judge Musona added that since the issue was an administrative matter, it should be dealt with administratively.
The matter comes up tomorrow.