ZNS retired officers challenge state

THREE Zambia National Service (ZNS) officers have taken the State to court alleging that their retirement from the public service in public interest is illegal.

Major Pumulo Ngenda, Captain Mubanga Chinyimba and Captain Simeon Sitali in their application for leave to apply for judicial review, seek an order of certiorari to remove into Lusaka High Court for purpose of quashing the decision of the Republican President dated April 12, 2021 to retire them from the public service in the public interest.

They want an order of prohibition barring Government from removing them from the payroll as well as a declaration that their retirement from the public service in public interest is illegal.

Attorney General Likando Kalaluka has been cited as the defendant.

In an affidavit verifying facts, Maj Ngenda stated that he was employed by ZNS in the accounts department.

He stated that in January this year, him, Capt Chinyimba and Capt Sitali were assigned to ZNS training camp, situated in Kafue as training instructors.

Maj Ngenda said that he was the Academy commander while the two captains were college commanders.

In addition to the trio, the training camp had about 40 training instructors and 342 officer cadets.

“That part of our roles as training instructors was to ensure the transformation of the office cadets into disciplined combat militant personnel,” he stated.

Maj Ngenda said that on March 8, 2021, while on inspection, it was discovered that the officer cadets had not cleaned their sleeping quarters, therefore, he instructed Capt Chinyimba and Capt Sitali to cancel classes and ensure the officer cadets cleaned the quarters.

At this stage, Capt Chinyimba and Capt Sitali ordered for the punishment of the officer cadets, which resulted in some of the cadets sustaining bruises.

He stated that on March 9, the Director –Military Intelligence visited the training camp to get a report on what transpired the previous day and the next day, the two Captains were transferred from the training camp to ZNS headquarters administrative pool in Lusaka.

They submitted a report of what transpired on March 8.

“That on the 12th April, the applicant received letters of retirement from the public service in public interest, under the hand of the President of the Republic of Zambia,” they stated.

The trio allege that they were neither charged with any disciplinary offence nor were they given an opportunity to be heard, therefore the decision by the State to retire them from public service is without sufficient cause or justification.