Public Sector Emerging Crisis on Retirement Age

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By Amb Emmanuel Mwamba

Public Sector Emerging Crisis on Retirement Age

Chaos; The retirement age crisis after case of Martin Nyambe and Others vs. Konkola Copper Mines PLC Appeal No. 2 of 2022 and Sandras Samakayi vs. Attorney General 2023/CCZ/0015

All workers employed before 2014 to retire at age 55 years and those retired at 60 to revert to retirement at 55

●all judicial officers that were retired by the Judicial Service Commission (JSC) at the age of sixty (60) years during its 257th meeting held on the 9th August, 2022 shall have their letters of retirement revoked and shall be recalled from retirement with immediate effect.

● all those employed prior to the enactment of Statutory Instrument No. 63 of 2014 Public Service (Retirement Age) Regulations and Act No. 7 of 2015 shall be retired at the age of fifty-five (55).

Following the judgement in the case of Martin Nyambe and Others vs. Konkola Copper Mines PLC Appeal No. 2 of 2022, all non-judicial officers that were employed prior to the enactment of Statutory Instrument No. 63 of 2014 Public Service (Retirement Age) Regulations, 2014 and National Pension Scheme (Amendment) Act No. 7 of 2015 shall be retired at the age of fifty-five (55) years and the following notice periods shall apply:

i) all employees aged sixty (60) years and above shall be retired at fifty-five (55) years, be awarded temporary service period from their 55th birthday up to their present age and will be given three (3) months’ notice effective 20th June, 2024;

ii)all employees between the age of fifty-five (55) years and fifty-nine (59) years shall be retired at the age of fifty-five (55) years and shall be awarded temporary service which will include one (1) year notice of retirement effective 20th June, 2024;

iii) all employees aged fifty-four (54) years that have not yet given notice to retire, shall be retired at the age of fifty-five (55) years and shall be awarded temporary service for one (1) year effective the date of retirement;

iv) and all employees below the age of fifty-four (54) years will be prompted to given notice to retire at the age of fifty-five (55) years and no temporary service shall be awarded, unless with express request from Management.

Further, in the light of the judgement in the case of Sandras Samakayi vs. Attorney General 2023/CCZ/0015 which settled the law on the retirement age aforementioned, all judicial officers that were retired by the JSC at the age of sixty (60) years during its 257th meeting held on the 9th August, 2022 shall have their letters of retirement revoked and shall be recalled from retirement with immediate effect.

4 COMMENTS

  1. Retiring AGE is 60yrs and early retirement Age is 55 yrs and late retirement is 65yrs.

    When one reaches 50yrs then can WRITE CABINET TO RETIRE AT 55 but at 60yrs it’s AUTOMATIC. IT CUTS AUTOMATICALLY. BUT IF YOU want to go on late retirement you can WRITE WHEN YOU ARE 56 BEFORE IT CUTS. That’s the law available than ALL THOSE shenanigans.

    UPND is doing perfectly well. DON’T confuse people.

  2. Judges retire at 70 ,Constitutional office holders retire at 65 and judicial officers retire at 65.
    Poor civil servants retire at 55. What a Zambia.
    Prior 2016, judges retired 65 . Our Lords and Ladies must be a special creed, more powerful than a common man.
    A doctor who saves lives is made to retire at 55. What a world. Jesus Christ kindly come and take us to heaven where there is no pain and selfishness

  3. Retirement in the civil service has been traditionaly at 55 years.And it was not strange all workers or civil servants knew their service program.The PF changed the trend and extended the retirement ages and made it a choice.The workers or civil servants were allowed to make choices of age of retirement.This allowed PF to stay without paying retirees for some years as a lot of them decided not to retire.We have a lot of young people who need to work and if we allow big people to hang around then the young ones will not get employed.And I would edge GRZ to pay the retirees promptly not the situation where the workers wait for their moneys for long.A lot of civil servants are still waiting for their money after they were retired on national interest and voluntary.It would be even better not retire these that have attained the retirement age now until all the retirees of HIPIC are given their money.Those former civil servants have been made destitutes and some died prematurely because of the miserable life they got subjected to.All NGOs,churches and everybody in Zambia have been quiet as if that is normal.In this century we can still mistreat each other like that.With the coming of new dawn government we thought this would be resolved by now.This is very sad and sickening.

  4. Retirement age should not be a preserve of the judges, constitutional office holders and judicial officers.They should retire under the old law except those engaged after 2014.
    This world has become so wicked that selfishness is with the elite. These elite have hefty salaries and retire on hefty pensions.
    Imagine to retire a neurosurgeon or physician , oncologist at 55 years and retire a Ziale trained judge at 70years.
    Are we serious as a nation? Are judges, constitutional office holders and judicial officers so very important that our sovereignty lies with them?
    Zambia will remain poor because of greedy people.
    May everyone including judges, constitutional office holders and judicial officers retire at 55. A law that discriminate is evil and unbiblical . Worse are politicians who have no retirement age
    Never trust these groups of people. You need the courts when your health is failing?
    In fact if we forgive each and fear God, we will not need the courts. If judges, constitutional office holders and judicial officers get sick and go to the hospital.
    Who needs more courts? Don’t we need development researchers in discovering vaccines,drugs and treatment?
    At secondary school we were told to value biology, mathematician, physics , chemistry and Technically drawing. But alas we now see that history and English is more important for our nation. We don’t love each other.
    Look at Japan. Very few lawyers, judges constitutional office holders and judicial officers and more scientists. Toyota is everywhere. In Zambia a spoon made is Zambia in non existent. Too much thievery and witchcraft.

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