[By Bright Tembo and Mwaka Ndawa]
M ASSOCIATES says justice minister Given Lubinda’s disregard for a consent order over retirees’ benefits is unconstitutional and contemptuous.
Addressing the media yesterday, Lubinda announced that the government would start paying retirees on Monday through their legal representatives.
However, Lubinda said those under Nasando Isikando, funds would be disbursed directly to the claimants.
In a letter dated 4th June 2020, ‘DECISION TO PAY RETIREES BENEFITS DIRECTLY TO LITIGANTS: SIMEMEZA SIACHOKE ET AL v ATTORNEY GENERAL: 2002/HP/1055’, M Associates stated that Lubinda’s decision “sends a wrong message to the public as to government’s regard and respect of our courts and the doctrine of separation of powers for that matter”.
“We attended a meeting that you chaired yesterday, 3rd June, 2020 where you decided that you will instead pay the retirees directly as opposed to the dictates of the Consent Order signed by Hon. Justice S.K. Newa same dated 29th May 2020,” M Associates stated. “The decision may be politically motivated and sound but legally wrong for reasons that it will manifest a flagrant disrespect and disregard of Orders issued by a Court or Judge of competent jurisdiction. The decision, coming as it does from the Minister of Justice is in, and of itself, unconstitutional, contemptuous and sends a wrong message to the public as to governments’ regard and respect of our Courts and the doctrine of separation of powers for that matter. Needless to mention that an Order signed by Courts of Competent jurisdiction must be, and should be seen, to be obeyed and respected by all without exception even if one does not agree with the same.”
M Associates stated that the court system in Zambia, as in other Commonwealth jurisdictions, has inbuilt mechanisms by which an aggrieved person may challenge the order of court.
“But until the same is set aside or varied, it is law unto itself and must be obeyed by all. It is on the premise of the foregoing that we respectfully urge you to reconsider your impugned decision and direct the Permanent Secretary (LD) to follow the dictate of the Order of Court of 29th May, 2020 aforesaid to the letter,” the letter reads. “We further advise against the planned press briefing where you intend to announce the impugned decision to the public. It will be highly unfortunate if we shall be constrained to parade the Honourable Minister of Justice before the Honourable Madam Justice S.K. Newa for Committal Proceedings if this our advice is not heeded to. For ease of reference, we attach hereto the said Order signed by Honourable Justice S.K. Newa same dated 29th May, 2020 and a letter of service authored by our colleagues in relation to the same.”
Voluntary Separatees Association of Zambia entered into an agreement with the State and the Public Pensions Fund Board that they release the outstanding judgment debt due and payable to the 3,523 retirees.
The consent order dated May 29 entered by the parties and signed by judge Sharon Newa is for disbursement of outstanding judgment debt by the judgement debtors.
This in a matter where Lusaka awyer Robson Malipenga’s law firm Messrs Robson Malipenga and Company was accused of misappropriating funds meant to pay over 3,500 retires which was paid into the lawyer’s client account by the Ministry of Justice as their retirement package.
VSA national chairperson Simemeza had on behalf of 3, 523 others sued the Attorney General and Public Pensions Fund Board demanding K104,041,778.91 which Malipenga’s law firm received on their behalf.
“By consent of the parties through their respective advocates it is hereby ordered that the state and the Public Pensions Fund Board shall release the outstanding judgement debt due and payable to the 3,523 retirees (judgement creditors) as follows:
That of the 3,523 aforesaid, 2,288 of those shall receive their share of the judgement debt through Messrs Robson Malipenga and Company. That of the 3,523 aforesaid, 950 of those shall receive their share of the judgement debt through Messrs M Associates,” read the order Justice Newa directed that out of the 3,523 retirees, 285 shall receive their share of the judgement debt through Messrs PnP Advocates.
She said the litigants who were desirous to move to another lawyer, if any, shall trace their names to the advocates in the said order and give instructions of withdrawal subject to the settlement of costs.
Meanwhile, Lubinda said the government would start paying retirees next Monday.
“I wish to announce that the Ministry of Justice has agreed with the representatives of which settlement agreements have since been signed. My colleagues from the Ministry of Finance have confirmed that disbursements will begin starting Monday the 8th of June 2020,” Lubinda said. “I wish to advise that the total debt owing to the verified number of 12,458 retirees is approximately 508,153,591.38 from all the cases involving the retirees. The approximate amount of the savings from the negotiation process is K54,959,952.75. The balance that will remain outstanding to be paid to the retirees after the initial payment of K308,908,933.96. I am pleased to say the verification exercise has resulted in government making servings from the negotiated settlements which have also helped government commit more funds to other retiree cases that were targeted by this exercise.”
Lubinda said the government would proceed to invoke a process distributing funds to over 3,000 retirees directly to their accounts. He said this comes after the government and the representatives failed to reach an agreement over names on the list.
“I however, regret that in one of the cases Nasando Isikando, the representatives could not agree on the actual number of claimants they represent. As earlier stated, the verification exercise demonstrated that they had been duplicated in almost every schedule submitted by the representive legal representatives,” said Lubinda. “It is therefore with heavy heart that government will now proceed to invoke a process of disbursing these funds directly to the claimants. I therefore invite the claimants under this group to begin submitting their names accompanied with supportive documents like National Registration Card numbers. I also implore the representatives to cooperate with my ministry to urgently address the interests of the people affected in this case.”