FORMER COP SUES OVER RETIREMENT

FORMER Central Province Police Assistant Commissioner in charge of operations, Edward Assan Phiri, has sued Government contending that his retirement in national interest was illegal and maliciously done.

Mr Phiri wants the Lusaka High Court to order and declare that his retirement from employment by Government in public interest is wrongful, illegal, unlawful, unfair, malicious and discriminatory.

He wants an order for reinstatement or in the alternative that the State pays him damages for loss of employment, inconvenience, suffering and embarrassment.

He also wants Government to pay him all allowances outstanding, pension, benefits, bonuses and all entitlements accruing.

Mr Phiri claims that the said pension benefits should be paid and calculated as though he served a full term of his service and was retired at the retirement age, and in addition interest.

The Attorney General has been cited as defendant in the matter.

According to a statement of claim, Mr Phiri stated that he was employed in the Zambia Police Service as a Constable and rose through the ranks to that of Assistant Commissioner.

He was based at Central Province Division Headquarters in Kabwe.

He stated that his employment was a subject of and regulated by the Zambia Police Act Chapter 107, the Service Commission Act and its attendant Zambia Police and Prisons Service Commission Regulations Chapter 259 and the terms and conditions of Service for Public Service.

“It was a term of the plaintiff’s terms and conditions of service that he could only be retired in Public interest only on the grounds of failure to perform his duties, incompetent performance of his duties and an offence under the Disciplinary Code,” he stated.

Mr Phiri said according to the said rules, regulations and Disciplinary code , he was supposed to have been investigated and reports availed to him for his response and then a tribunal be set to hear the issue pertaining to his retirement in public interest prior to arriving at the decision.

However, he stated that Government contravened the said laws, rules, codes and regulations and by a letter dated September 18, 2018, the State acting through its agent the Inspector General of Police wrongfully, unlawfully and acting illegally and maliciously retired him in public interest.

Mr Phiri has accused Government of not following the law, procedure and rules regarding retirement of an officer in public interest.