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High Court Quashes SATA’s Decision to Retire 3 Cops
Sata
In this case, assistant commissioner Christopher Kanema, senior superintendent Mwewa Musonda and senior superintendent Winfred Chimuka sought judicial review challenging the President’s decision to retire them and wanted a declaration that the decision by President Sata to retire them in national interest was unlawful.
The trio asked the court for an order to quash President Sata’s decision to retire them in national interest and an order prohibiting Inspector General of Police or her subordinates of like authority from doing anything that would give effect to the decision of the President to retire them.
The applicants also prayed for a stay of the President’s decision until after the hearing of the motion or summon or until further order among other reliefs sought.
Lusaka High Court Anessie Banda-Bobo said in her judgment that on the basis of the evidence before her, there was procedural impropriety, illegality and unreasonableness in the Wednesbury sense in the manner the decision to retire the applicants in national interest was made.
“I thereby quash the decision of His Excellency the President of the Republic of Zambia to retire the applicants in national interest or at all. Further, the applicants have succeeded in all the reliefs sought,” judge Bobo said.
She also awarded costs to the applicants to be taxed in default of agreement.
Judge Bobo said the record showed that the applicants were appointed by the Police and Prisons Commission and had always received their rank and elevation from the said commission, not from the President.
She said it was unacceptable to her that while the hiring should be done by one entity, the firing was by another.
Judge Bobo said it was clear that the President exercised his executive functions through the Police and Prisons Commission even though such power was vested in him.
She agreed with the applicants’ lawyers that Article 44 of the Constitution which addressed the issue of the functions of the President also highlighted the need for caution and restraint in the exercise of the presidential powers as expressed in those functions.
Judge Bobo disagreed with the state that the Constitution had not placed any limitations on the power of the President to appoint members to assist him in the executive duties, under the public service, which in turn encompass the applicants.
“So to agree would imply adherence to a notion that our Constitution is premised on the idea that the President can do no wrong,” she said.
Judge Bobo further said there was no evidence that President Sata gave the police or prison commission any general directions with respect to the exercise of its disciplinary functions.
She said there was zero evidence to the effect that if the direction was given, the commission failed to comply with those directions.
“In so doing, the President acted in excess of authority,” judge Bobo said.
The judge further said there was no evidence to prove that the applicants were not appraised of the reports against them to enable them respond appropriately, adding that statutory rules were clearly sacrificed at the altar of expediency.
Posted by
ChiKA
March 16, 2014 at 11:12 am
Ba Sata bena awe nabafilwa, he shouldn’t even stand in 2016, just wasting people’s time and resources.
xx rated
March 16, 2014 at 12:21 pm
He is now dictating, no different from Hitler.
Anyway alefwaya abikepo abanankwe so bakalemu fevako nga yazanda.
jamakudi
March 16, 2014 at 3:41 pm
Kanshi ebu man of action, firing junior staff? Ala Muleibwelamo sometimes ba president.
dzone
March 16, 2014 at 4:20 pm
we voted for ukwa i regret my vote was wasted
CHITOTELA RONALD AND ROGERS MWEWA
March 16, 2014 at 6:38 pm
UKWA WAS ALSO A POLICE OFFICER
pezu
March 16, 2014 at 8:08 pm
I too regret voting 4 ths man,I remember I was very sick of chicken pox tht day just to vote for ba sata,guyz adviz wu to vote for 2016
Phiri
March 16, 2014 at 10:08 pm
The applicants also prayed for a stay of the President’s decision until after the hearing – ba Tumfweko you saw them praying?
icinshikululwa
March 16, 2014 at 10:26 pm
This (ukwa) you are toking about bane, went to state house thru electionz; but unfortunt, we have seen pipo who claim to be more better than (ukwa), want to go thru unlawful, and uncivilized way; they hav prayed for a sitting prezdo wishing him to die. They have tried to use this and that comfuzion in order for them to get it at eazy; oh sorry; you vampirez; you won’t get it so eazy, but you will go thru the prosses, which I dout if you’ll reach there!
kayula
March 16, 2014 at 11:32 pm
All they pray for is making this country ungovernable and then take advantage of the situation. I hope we shall accept the results in 2016
Abaakaabaa!!!
March 17, 2014 at 7:13 am
The question is what did the cops do? lets not blame the president for everything!! if these cops did something worth firing then even the immediate supervisor must be fired!!
Village Chicken
March 17, 2014 at 2:53 pm
Cobra bites a person, person dies. Cobra bites itself, Cobra self Poisoned.
The Cobra didn’t know how many nominees to send to parliament. Cobra appoints Judge Chikopa (sic) who couldn’t function. Now Cobra receives a dose of own vernom in the eye…Yaa, some creatures!!!