A STATE witness in the corruption case against Livingstone mayor Constance Muleabai will be allowed to testify via audio and video conference, the Livingstone High Court has ruled.
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The decision by Visiting Senior Resident Magistrate Trevor Kasanda aims to prevent further delays in the high-profile trial.
The prosecution sought permission for Mark Gabites, director of Zamnuka Farm Limited and the complainant in the case, to give his testimony remotely.
Gabites is currently in Bangkok on a business trip and has experienced flight delays, but has indicated his willingness to testify online.
Defense lawyers vigorously opposed the application, arguing that Gabites’ physical absence could compromise the integrity of the proceedings.
They contended that a virtual platform would limit the court’s ability to assess his demeanor and credibility, and raised concerns that Gabites could be unfairly prompted or assisted off-camera, particularly during cross-examination.
“The primary function of the court is to ensure that justice is done to both the accused and the state,” the defense submitted, adding that Gabites had sufficient time to arrange his travel and appear in person for such crucial testimony.
However, magistrate Kasanda overruled the objection, granting the state’s request to allow the online testimony to proceed without further delay.
The case was adjourned to today in order to allow for the setup of the necessary video conferencing equipment.
Mayor Muleabai is facing two counts of corrupt practices involving a private body under the Anti-Corruption Act No. 3 of 2012.
It is alleged that between August and September 2023, she solicited K180,000 and subsequently received K120,000 from Mark Gabites.
This money was allegedly an inducement to clear property rate arrears owed by Zamnuka Farming Limited to the Livingstone City Council.
By George Musonda
Kalemba July 21, 2025
