Africa-Press – Zimbabwe. THE High Court has referred to the Registrar, a case in which a Dillian Prinsloo, a cinematographer, is suing the Zimbabwe Broadcasting Corporation for US$363 400 after the broadcaster aired an original audio visual work he claims belongs to him.
Prinsloo is claiming damages for the alleged unlawful airing of his work on the ZBC national television (ZTV) station.
The claimed damages were for copyright infringement and declaration in the sums of US$363 400 and US$8 909 or their equivalent in ZiG calculated at the official exchange rate obtaining on the date of payment.
At the trial on June 14, 2021, it emerged that the issue of assessment of damages due to Prinsloo was material.
The parties then agreed that they were in disagreement over the damages and that a neutral evaluation was required because the assessment process was technical.
Prinsloo then suggested the services of the African Regional Intellectual Property Organisation as his preferred evaluator.
ZBC, on the other hand, suggested the Zimbabwe Intellectual Property Office and after exchanges with the court, High Court judge Justice Tawanda Chitapi, with the consent of the parties, decided to invoke the provisions of section 19A of the High Court Act.
The provisions of section 19A allow the court to refer any question arising in civil proceedings to a referee.
“It was, therefore, proper to refer the dispute for determination by a referee experienced in copyright infringement and consequences arising therefrom should liability attaches.
“In consequence the matter was postponed sine die. The matter be referred to a referee in terms of section 19A of the High Court Act.
“The Registrar shall in consultation with the parties advise the court of an available and willing referee from the panel of court recognised referees,” Justice Chitapi ruled.
However, subject to the making of the order, one, Nancy Samuriwo was appointed as the referee and on July 8, 2021, the parties advised that they had presented their cases to the referee but to date, a decision is yet to be made.
The matter has accordingly remained in abeyance since then.
The parties have suggested that the court considers appointing another referee as it appears that the one who dealt with the matter is not able to render a decision anytime soon.
Justice Chitapi, however, said it was appropriate that the referee’s position on the matter be sought concerning its status.
The judge then ordered that the Registrar brings the judgment of Samuriwo to provide a status report on the matter within 14 days.
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