Court orders state to retain 32 dismissed cops on payroll
Lusaka, Thursday, June 15, 2023 ( News Diggers)
THE Constitutional Court has ordered the state to retain 32 dismissed police officers on the payroll.
In this matter, the 32 police officers dragged the state to the Constitutional Court, seeking a declaration that the government’s decision to remove them off the payroll without paying them terminal benefits was unconstitutional and contrary to the provisions of Article 189 (1)(2) of the Constitution of Zambia.
The 32 cited the Attorney General as the respondent.
But in a consent judgement entered between the petitioners and the State and endorsed by three Constitutional Court judges, it has been agreed that the petitioners will also be paid all their withheld salary arrears.
“The petitioners and respondent herein having agreed on the terms and consenting that Judgement be entered on such terms as hereinafter provided, it is hereby agreed and adjudged as follows: that the petitioners herein shall be retained on the payroll pursuant to the provisions of Article 189 (1) and (2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016, pending the payment of their terminal benefits; that the petitioners herein shall be paid all their withheld salary arrears with interest at six per centum (6%) from the date of filing the petition up to the date of the consent judgment and thereafter at the average lending rate as determined by the Bank of Zambia up to the date of full and final payment, in line with the case of Luke Mumba and another and the Council of the University of Zambia (2022/CCZ/0012). The respondent shall pay the petitioners costs of and incidental to this action, to be agreed upon or taxed in default of agreement,” read the consent judgement.
In their petition, the petitioners said they accordingly stopped working on October 6, 2022, after their employment was terminated effective September 28, 2022.
They stated that they received their October and November 2022 salaries but have not received their December salaries, let alone their pay slips via emails, which salaries were being paid between 20th and 22nd of every month.
The petitioners submitted that they have not been paid their pension benefits contrary to Article 189 (1) of the Constitution and have regrettably been removed from the payroll before payment of their pension benefits contrary to Article 189 (2) of the Constitution
