Three senior police officers have been granted leave to commence an action to challenge President Michael Sata’s decision to retire them in national interest.
Lusaka High Court Judge Anesi Banda-Bobo has allowed the three officers to continue serving in the Zambia Police Service until the determination of the matter in which they are seeking leave for judicial review.
This is in a matter in which Assistant Commissioners Christopher Kanema, Mwewa Musonda and Senior Superintendent Wilfred Chimuka have sued the Attorney General Mumba Malila challenging the President’s decision to retire them in national interest.
The three were on March 1, 2013 retired in national interest but decided to seek judicial review claiming they were not given an opportunity to be heard before being retired.
Mr Kanema, Mr Musonda and Mr Chimuka want the court to order that Mr Sata’s decision to retire them in national interest was unlawful because they are not presidential appointees.They also want the court to quash the said decision and further, an order prohibiting the Inspector General of police, her subordinates or person of like authority from doing anything that would give effect to the decision by the President to retire them in national interest.
The three say if leave is granted, it should also operate as a stay of the decision.
They contended that although they were below the compulsory retirement age, they on March 1, 2013 received letters of retirement from the President without giving reason why they were being retired and giving them an opportunity to be heard.
The officers said to-date, they were not aware why they were retired arguing that they were not Presidential appointees to be retired by him.
The State did not object to the application for the trio to be granted leave to commence judicial review.The State, however, objected to the application if granted to operate as a stay.
But delivering her ruling , Ms Justice Banda-Bobo said the three had a locus standi in the matter because it was something that directly affected them.
She said the applicants had a proper case fit for interparte hearing because there was no proof that the officers were given an opportunity to be heard by the responsible officer, permanent secretary or Ministry of Home Affairs.
Ms Justice Banda-Bobo said though the powers of the President in the appointment, discipline of persons in the Police and Prisons Service Commission could not be doubted, in this case, there was no proof that the President requested that the matter be referred to him or that this matter was being considered by the Commission and the President had asked to refer it to him.
She said the applicants had provided proof to show that all their appointments were not done by the President.
“On the basis of the evidence before me I find that the applicants herein have made a prima facie case worthy of further investigations and determination at an inter parte stage namely whether the President is vested with powers to retire the applicants in national interest when the same is not provided for in the Stature under which they were appointed and whether the President can retire them when they are not Presidential appointees,” she said.
Ms Justice Banda-Bobo said there was procedure impropriety, illegality and unreasonable in the manner the decision to retire the applicants in national interest was done.
[Times of Zambia]
so these pipo cant be fired by their commander?…hilarious.
Ms Justice Banda-Bobo said there was procedure impropriety, illegality and unreasonable in the manner the decision to retire the applicants in national interest was done.
I like
There is no smoke without fire. These boys must have stepped on someones toes or did something wrong somewhere.
Let us wait for time to reveal………………………..
Is it fire or retire? Read properly. They were retired in national interest.
Retired not fired !
Play Circle. No thinking, No reasoning, No cohesion, No sense at times. God What have you or we done and why But we are blessed as a Nation. Amen, shine on our leaders please to rule the nation in the right direction.
I generally don’t like the ZP professionalism but I salute the three gallant officers for their action.You just can’t have somebody retiring young people at will,follow the law mwana !
Let the law take its course.
I love the last paragraph. Illegal, unreasonable decision.
I love the last paragraph. Illegal, unreasonable decision. I hope that the ACC will study this judgment and use it as evidence to charge the silu with impropriety and abuse of office like they did with Dora’s judgment.
Does it mean Sata is not following laws in whatever He is doing????????
Everytime he does something it seems to illegal!
Are there any limits to presidential powers in Zambia? It seems he can retire anyone and revoke any anything: police, army officers, traditional chiefs, road contracts, shift district headquarters, etc
It’s extremely funny how somebody whose 75 can retire Officials that are not even 55 yet. SATA should first retire himself before retiring young and energetic Zambians.
LET’S NOW ENSURE ALL OLD RUGS GET OUT OF DECISION MAKING DECISIONS IN THIS COUNTRY. THEY’VE PROVEN TO BE MORE OF LIABILITIES THAT ASSETS. All Old Rugs starting with Sata himself need to retire.
Ubuwelewele,ukusabaila bututu bututu fye.Those are constitutional presidential powers.. .you only want to delela him.I still recall the appointment letter reading as On behalf of the republican president,I congratulate you on your promotion/appointment as…….signed…IG or for IG.
Police officers serve at the leisure of the republican president. Remember the oath………
Why is our President always breaking the law?Does he have legal advisors? I’m beginning to think his legal team they bought their degrees like the Honorable deputy minister Stephen Masumba.That seems to be the calibre of people in the PF government. Never in Zambia’s history have we had such a circus.
One is expected to be of a sane mind to be able to comprehend advice from experts.
I suppose a favor was granted to these officers. Rather being fired or discharged, you were retired!
@old rugs out, u a lunatic with small amakandi.
In all the 4 previous regimes, these police officers and this boko haram judge called bobo would be very brave to dare the president like that with ghastly consequences awaiting them. Mcs is a good man indeed.
Our high court is a disgrace, why do they want to worst tax payer money with such straight forward issues. This high court of today has an agenda against pf.
This judge Bobo makes the most outlandish decisions. Revert her to the position and rank she held in the civil service at Patents or something like that. She is definitely at sea as a judge
You seam to have a personal issue with her. She declined your manifesto to be your moma?
I’ve often said Sata rules but doesn’t know how to govern.This man from the village era mentality has no sense of propriety and often acts like he is an absolute monarch of yore.
sata simuntu NI Fwitii
I think Zambians have gone too far..its unfortunate that we have a banch of educated iliterates no wonder why they now keep on challenging the presidential powers.Whatever Sata does the so called educated mulky,cheeky monkeys want to challenge it,is this the first president to retire some stupid,fools on public interest NO.Courts are to hear to everyone,well the president still remains the COMMANDER INCHIEF of the defence and security forces.ls the boss.
Sorry Chikubabe, the President is a servant of the people. Just listen to them when they are campaigning. Just two days ago Mr Mangani was made to kneel before the people at a campaign rally in Chipata. What did that mean to you?
Yes, the educated speak because they understand modern politics. The laws of the land specify the privileges of the Head of State and no one has a quarrel with that. The term “boss” has now become derogatory such that managers in most modern organisations, including government, discourage its use on them. The role of a commander in chief is not what you understand it to mean from the way you have put it. The way you disparage educated people, do you send your children to school/university, my brother/sister? Thanks KK 4 free education.
@Chikubabe
What you are describing is a chiefdom, not a democratic republic.
Justice Banda-Bobo merely performed her job – to interpret the law. The President should actually commend her for being professional and brave.
Silibonda out.
Absolutely right,incredible,marvellous courts are there to listen to even every silly thing till final day judgement,but this new culture of challenging the presidential powers is abit wording.How many of as suffered the retirements on public interest? Alamwine musunga talamba minue bane.
Its confusion in Zambia instead of the president sorting out issues affecting people, the retarded chap goes on firing chiefs, retiring officer en board members it doesn’t mean commander in chief means u can step on every area, no one know the law in zed that’s why the president is taking the country for a ride .
The police in the village is so corrupt and doing nothing , these are the people who should be retired in the national interest
In National Interst retiremt implies tht the oficrs ‘public service’ whethr presidential apointees or not bt as long as they re public civil servants the president ‘has right’ to retire oficers in national interest if found wantng.Now if u cops ve any case & or ofense warantng discipilnery action tht befits tht action & the courts proves tht action thru DPP those 3 chaps wil ve to bear the costs incured by the state.The president has mandamus authority to retire civil servants especialy if they ve an ofense tht wud bring disrepute to the civil service.So baba get he has the right & authority.
The Police and Prisons Commission appoints, promotes, disciplines and retires Policeman and Prison Service Officers on behalf of the President. So the President is the appointing authority.
9. (1) Subject to the Constitution, power to appoint persons to hold or
act in any office in the public service, the teaching service, the Zambia
Police Force or the Zambia prisons service, including the power to
confirm appointments, to exercise disciplinary control over persons
holding or acting in such offices and to remove any such person from
Appointment of
officers
office shall vest in the President.
(2) The President shall appoint persons to the following offices:
(a) Deputy Secretary to the Cabinet, Permanent Secretary, inspector
General of Police, Commissioner of Police, Commissioner of Prisons or
any other person holding or acting in any of those offices;
(b) Ambassador, High Commissioner, or Principal Representative
of Zambia in another country.
(As amended by Act…
Ukooooooo! grade II Ukwa is now in charge! don`t ask to many question or you risk being retired in nation interest.
Study most of Justice Bobo’s cases, they are professional and of high standards. She’s a woman of integrity, fair mindedness and incorruptible. These are the women that are supposed to be considered for the CJ office, not someone still “hanging in there” like a leech, illegally.
iwe chi sgt gunduzani, how can a woman ve the name ”bobo” kwishiba fye ati lihule ili. These high court judges are becoming simplicitic even local court justices can use their brains. Why entertain straight forward issues iwe chi namankwenkwe bobo.
As they were retired and not fired am sure they got their benefits and have since completed there lodges and mansions, on the other hand if they haven’t yet gotten their yet they’ve started a fight they can’t win then they are stnpid.
Now if they got the money and now that it’s finished they want to come back for round two it won’t work because they accepted to be retired the moment they bought Spacios from retirement money. You see there’s winning for them on this one.
There is such a thing as service to your country through career. It’s not all about money all the time.
CALL A SPADE A SPADE!!!!!!!!!! IF THE OFFICERS ARE WRONG LET THE LAW VISIT THEM IF NOT LET US KNOW THE OFFENCE THEY COMMITED.IF NO CASE LEAVE THEM ALONE BUT IF THEY ARE GUILT PUNNISH OR FIRE THEM ALL!!!!!!!!!!HOHOHOHOOOOOOOOOOOO TIYENI TIYENI NAYO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Take the retirement money and go, because Sata will make your life difficult in the service. The worst is you may be framed and the least is you may be decommissioned.
You cannot fight a Kaponya.
When you wallow in the sewage with a pig, he enjoys it, but you will just stink.
Sata is usually in a harry when making such decisions and does not consult government lawyers, hence they are always challenged by the law.
No Sata need a hard spank to bring him back to earth , we are
In a new era where people know their rights , when people know
Their rights you need to follow procedure instead of power, The
Courts can see through the government no one forces anyone to
Retire against their will just from the blues