IN THE HIGH COURT OF SWAZILAND
Civil Case No. 559/14
HELD AT MBABANE
In the matter between:
DR. DELISILE MASEKO-MAGONGO PLAINTIFF
And
BOOKIES CONSTRUCTION AND CIVIL
ENGINEERING (PTY) LTD DEFENDANT
Neutral citation: Dr. Delisile Maseko-Magongo vs. Bookies Construction & Civil Engineering (Pty) Ltd. (559/14) [2017] SZHC 221(30 October 2017)
CORAM MASEKO J
FOR PLAINTIFF: MR. B. MAGAGULA
FOR DEFENDANT: MR. M. NKAMBULE
DATE ARGUED: 19 October 2017
DATE OF RULING: 30 October 2017
RULING ON EXCEPTION
[1] It being an objection raised by the Defendant on the Plaintiff’s non discovery of cellular phone electronic, evidence and further non-compliance with the Electronic Records Evidence Act of 2009.
[2] And having heard submissions from Counsel for Defendant and Plaintiff respective on this objection, it is hereby ordered that:-
1. The Plaintiff is hereby ordered to discover the electronic evidence being short message service (SMS) within 10 days from date hereof.
2. These electronic messages are to be discovered in a computer generated printout from the service provider being Mobile Telecommunications Network Swaziland (MTN). This is to ensure authenticity of same.
3. The Plaintiff is to comply fully with the provisions of the:
(i) ELECTRONIC RECORDS EVIDENCE ACT OF 2009 AND THE;
(ii) ELECTRONIC RECORDS (APPROVED PROCESS) REGULATIONS OF 2010.
4. The electronic evidence led by PW1 remains on record pending and subject to compliance with paragraphs 1, 2 and 3 above.
5. No order as to costs.
