Concourt petitioned over retired judicial officers’ contracts

THE continued retention of retired judicial personnel is frustrating and demotivating to qualified personnel ready to take up such positions, Benjamin Mwelwa has complained.

Mr Mwelwa complained to the Judicial Service Commission (JSC) about the retention of retired personel at the expense of qualified officers. Mr Mwelwa, a magistrate at the Livingstone Subordinate Court stated in a witness statement that the Constitution of Zambia Amendment Act number 2 of 2016 provides for the retirement age for the employees in the Judiciary which include the judicial officers like any other public officers in the public service. This is in a matter where Magistrate Mwelwa petitioned the Constitutional Court to order that contracts given to already retired judicial officers must be terminated and all salaries or allowances drawn from the revenues of the country be paid back as they have been earning illegally. He cited Attorney General, Likando Kalaluka as the respondent. Mr Mwelwa argued that the retaining and continued occupation of already retired judicial officers was not only demotivating but also unconstitutional, according to Article 1(3) of the constitution. In his witness statement, he argued that the Judiciary had continued retaining retired employees as can be seen in a memorandum dated April 21 2020 issued by a chief administrator. He stated that the JSC has continued to promote those officers who had already retired while serving their contract at the expense of those officers who have not retired and qualified to take up those positions being occupied by the retired officers. Mr Mwelwa stated that there were many magistrates who after they are called to the bar had not been appointed to the position of resident magistrate for a long time on the basis that there were no vacancies and yet vacancies are being occupied by retired officers.