LUSAKA High Court judge Elita Mwikisa has awarded former Clerk of the National Assembly Mwelwa Chibesakunda K347 million, half of the benefits he claimed because the court discovered that he also had outstanding balances.
This was in a case in which Mr Chibesakunda had sued the National Assembly for nonpayment of his benefits after his second contract was terminated by then President late Patrick Mwanawasa to pave way for investigations.
Mr Chibesakunda was demanding for K 698.5 million which he claimed the defendant has failed or neglected to pay since his contract was terminated in 2002 and was among other things demanding for damages and a declaration that his termination was illegal.
Justice Mwikisa however refused to grant the plaintiff a declaration that the termination of his contract was illegal, null and void because section 3 (2) of the National Assembly Staff Act states that the plaintiff should have vacated office at the age of 55 years and that there were valid reasons for terminating his contract.
“ I note that the defendant was claiming for over K 1.6 billion and after deductions of his loans and other balances the amount stood at K698 million but according to calculations, this figure is wrong in principle because it has included amounts which the plaintiff has already been paid.
“In its place I award the plaintiff terminal benefits of K940, 706,044 less outstanding balances reflected on the plaintiff’s payslip of June, 2002 amounting to K 396,628,905 less all advance payments towards gratuity bringing the total terminal benefits to K347, 955,662.45,” she said.
The judge further ordered that there is need to amend the said Act to be in line with the said conditions of service because it was in conflict between the National Assembly Staff and National Assembly Conditions of Service.
“The two conditions of services should be harmonised or revised and it is for this reason that I will not award damages to the plaintiff,” the judge said.
give the man his money..period..!
how many zambian havent received their terminal benefit be faire
pay him k5m every month till it finishes
pah
Can we also have all retirees in Mwanawasa and RB regime be paid their dues too.
THE WHEELS OF JUSTICE,SLOW BUT SURE,EVENTUALLY JUSTICE ARRIVES.
It is for this reason that you should have awarded the plaintiff damages, so that the system may learn by paying for its mistakes. It is not the plaintiff’s fault that there is disharmony in the system.
There is a time some parastatals were soliciting bribes from employees to be paid their arrears and terminal benefits. A number refused out of principle and never got paid. There are so many disastrous practices going on in that country…
The rich shall remain rich such that the poor shall even give the litle that they have.Emotional decisions have cost the taxpayers even more.
This man is Sata’s cousin, he is uncle to Nkandu Luo, brother to Justice Chibesa Kunda and the father to Zambia’s ambassador to Japan Ng’ona Chibesakunda. Ng’ona is deputised by no other than Masebo’s retarded son Dick Masebo Junior whom she illegally sired with no other than the evergreen Wynter Kabimba.
Well, we’ll see how all this family forest will cramble and burn to ashes when CNP kicks the bucket. Mu kanyela linja tuni!
iNkhosi, Syvia Masebo’s son is not Winter Kabimba’s son, she was married to Mr Masebo. And wat about the Dickson in Ibex hil does she av 2retars by the same name?
Ituri forest is crambling and no amount of damage control shall save this sinking boat from drowning with its captain & lieutenants.
Ituri Bushmen forest is very large. I never thought this is how big it is. Dickson Retard Masebo satired from Sylvia after being bonked by Wynter Kabimba. yaba….. Bonking in older age pops with a thud. elyo abena Chibesakunda connection to Sata. elyo lwanya. It reminds me of BY who said was uncle to FTJ only for the children of Chiluba to disown him and deny this linkage. politics is for expendiency sake.
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