LAWYER SAYS PRESIDENT HICHILEMA’S DECISION TO WITHHOLD SON’S ZNS SALARY ILLEGAL
By Nelson Zulu
Lawyer Isaac Simbeye says President Hakainde Hichilema’s statement that his son Lieutenant Habwela Hichilema, who was recently commissioned as a Zambia National Service -ZNS-officer will not receive a salary from the service, is an illegality and political.
Mr. Simbeye tells Phoenix News that the President lacks the legal authority to suspend or withhold pay for a defence force officer outside the procedures set by law, pointing to provisions in the defence act and subsidiary regulations that govern officers’ remuneration.
He explains that section 154 of the defence act prohibits forfeiture or deductions from an officer’s pay unless expressly authorized by the act, other service law or regulations, and that section 155 set out salary rates and conditions for payment such as first schedule annual pay scales for officers by rank and years of service.
Mr. Simbeye says, under the act, commissioned officers at lieutenant and comparable ranks are mandated to specific annual salaries and related allowances, and that any step to deprive an officer of those entitlements must follow the statutory framework and that a unilateral presidential announcement is without legal backing.
But Defence Minister Ambrose Lufuma has argued that an entitlement is not a right and Lieutenant Hichilema not receiving a salary will help fiscal returns to the treasury.
On Sunday, President Hichilema disclosed that his son’s role in ZNS is for discipline purposes, not for financial gain.
This hunger stricken lawyer takes poverty to an entirely new level.
Since when did voluntary refusal of a salary become a crime? Please quote the relevant part of the constitution or penal code instead of bwatabwataling rubbish here. And if you have solid grounds that a crime has been committed, have the young man arrested. BuFontini of this variety that mascarades as knowledge is very dangerous.
There are people who are so wealthy they do not have to work a single day in their lives. In some western countries, it is the donations of the wealthy that keeps hospitals running, keeps universities from closing. And keeps scientific research moving forward.
Malikopo, I take your comment as mine. That was exactly my immediate reaction the moment I just read the heading of that foolish talk from a so-called learned counsel. Trying to project some relevance the shameful way.
From an ethical point of view it is not right not to give him his salary. He should get it and donate it to wherever he wants. The implication of note getting the salary is “Atase, you are so poor to give me a salary”. If he wants his son on discipline, take him somewhere else, not our facilities as charity recipients.
Thank you for your charity Mr. President, but not charity to the government. We do not want to feel owing.
Always the idiots looking for a problem where there is none.What kind of people are you.National service is meant to be voluntary, and you can choose your own path after that.It has been there during KK and after training its up to the individual if they want to continue.Others chose to be Drs and teachers,some join the Army and so on…Find something else to do please lets to put this matter to rest