Concourt throws out State’s preliminary issue in Kalomo magistrate’s case

THE Constitutional Court has ruled that it has power to hear a matter where suspended Kalomo magistrate Besa Mutale is challenging his dismissal from employment on allegations of drinking on duty and reporting to work drunk. The court consequently, dismissed the State’s preliminary issue in which it had asked the court to throw out the matter, arguing that it should have been commenced by way of complaint before the Industrial Relations Division of the High Court and not as a petition before the Constitutional Court. This is in a case where Mr Mutale sued the Attorney General in the Constitutional Court, challenging the decision of the Judicial Service Commission (JSC) to dismiss him from employment on allegations of reporting to work drunk and drinking on duty. Mr Mutale stated that he was not afforded an opportunity to be heard either by the Judicial Complainants Commission or JSC before he was dismissed from employment on allegations of being drunk on duty. He wants the court to declare that the judiciary management in dismissing him abrogated Article 236 of the constitution and should be declared null and void. The State had earlier raised a preliminary issue that Mr Mutale’s action was an administrative matter arising from his employment relationship between him and JSC, hence it should have been commenced by way of complaint before the Industrial Relations Division of the High Court.