No judge on contract, ConCourt hears
JUDICIARY Chief Registrar Charles Kafunda has told the Constitutional Court that there is no Judge on contract in the Judiciary.
The State through the Chief Registrar stated in a witness statement that once retired, there are no legal preclusions that hinder the retention of a judicial officer or staff in the employ of the Judiciary on a contractual basis.
This is in a matter in which Livingstone-based magistrate, Benjamin Mwelwa has petitioned the Constitutional Court challenging the Judicial Service Commission ( JSC) to terminate the contracts given to already retired officers and that all salaries or allowances drawn from the revenues of the country be paid back as they have been earning illegally.
Magistrate Mwelwa, who has cited Attorney General Likando Kalaluka as the respondent in the matter contended that the retention of retired officers on contracts is not only counterproductive, discriminatory, demotivating but also unconstitutional, beyond Article 1(3) of the Constitution.
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.
The Chief registrar stated that the Constitution Act
No.2 of 2016 provides the retirement age for judicial officers as 65 years or, in the alternative, 55 years.
He said according to the memorandum dateed 21 April, 2020, JSC indicated that it has since vacated its previous policy on grant and removal of contracts for officers after retirement, unless there are special and compelling circumstances requiring the retention of a retired judicial officer.
“I verily believe that there may remain subsisting contracts retaining the judicial officer in the employ of the judiciary and I further believe that these contracts remain valid, binding and legally enforceable.
“There is currently no judge on contract in the Judiciary,” Mr Kafunda said.