FORMER minister of Transport and Communications William Harrington wants the High Court to determine whether former minister of Tourism and Arts Sylvia Masebo gained pecuniary advantage when she fired five Zambia Wildlife Authority (ZAWA) managers.
According to an affidavit in support of an ex parte summons for leave to apply for judicial review, Mr Harrington said he is dissatisfied with the findings of the tribunal that was set up to investigate the alleged professional misconduct of Ms Masebo.
The tribunal found that although Ms Masebo had no authority to dismiss the officers, there is no evidence to show that her conduct resulted in her acquiring pecuniary advantage or assisted another person to acquire pecuniary advantage.
The tribunal said that while it accepted that the new officers were entitled to remuneration, the tribunal found that their remuneration is not the kind of pecuniary advantage envisaged under section 4 (c) of the Act.
There was no evidence before the tribunal that the dismissals were specifically for the purpose of creating vacancies for the new officers to be employed. Consequently, it found that the minister did not breach section 4 (c) of the Parliamentary and Ministerial Code of Conduct Act.
Mr Harrington says the tribunal should have found Ms Masebo in breach of the Parliamentary Code of Conduct Act for assisting another person to acquire pecuniary advantage.
He said this is because the new officers who replaced the dismissed management at ZAWA were entitled to remuneration, which in itself was pecuniary advantageous to them arising from Ms Masebo’s action.
Mr Harrington also wants the court to determine whether or not there are various classes of pecuniary advantage acquisition, which would be said to be misconduct on the one hand and not on the other.
In November last year, acting Chief Justice Lombe Chibesakunda appointed a tribunal to investigate the alleged professional misconduct of Ms Masebo.
The members of the tribunal were High Court judges Royda Kaoma, Enerst Mukulwamutiyo and Chalwe Mchenga and held sittings from February 24 to March 11, this year.
Tribunal chairperson Justice Kaoma last month handed over the report and findings of the tribunal to President Sata in which the tribunal cleared Ms Masebo of being in breach of the Parliamentary Code of Conduct Act.