Embattled diplomat to Tanzania Yosi Miti has lost his job after the Lusaka High Court discharged the exparte stay which reinstated him as first secretary for Trade after the Ministry of Foreign Affairs recalled him from Foreign Service and terminated his services from the public service.
Lusaka High Court Judge Gertrude Chawatama further said she could not go ahead to grant Mr. Miti leave to commence judicial review and order for a stay of execution.
In her ruling on Wednesday, Justice Chawatama said she could not allow for the judicial review because the matter before her was a private matter in nature and not of public nature.
“Having decided that the remedy sought is an ordinary common law action in contract concerning Mr. Miti’s private rights and not rights protected under public law means that the substantive application if heard would have failed,” she said.
“The distinction between public and private law is already provided for by Order 53/14/33 which states ‘where a person seeks to establish that a decision of a person or body infringes rights which are entitled to protection under public law he must, as a general rule, proceed by way of judicial review and not by way of an ordinary action whether for a declaration or as injunction or otherwise’. As to whether the issues before me fall under private instead of public law to warrant the same to be heard by way of judicial review,” she said.
major chileshe
June 19, 2015 at 11:43 am
Wat dd he do? ba tumfweko naimwe
Judge Joe Bidden
June 19, 2015 at 2:27 pm
For sure
cupid
June 19, 2015 at 2:02 pm
Those who kill by the sword will also perish by the sword. This man caused some terrible suffering to people I know personally. Welcome to the real word chikala chobe wanya lazo
The spartacus
June 19, 2015 at 5:18 pm
@cupid this sounds too personal we want to knw what transpired fo him to be unceremoniously fired.. Highlight us if u knw any.
Saved by his Grace
June 19, 2015 at 6:40 pm
He was appointed and disappointed within a short period of time. He got furniture and auto loans within reasonable expectation of his contract coming to full term. But you know how PF had been hiring and firing, so before he could settle the loans he was already recalled and that’s not a humane way to anyone.
Shaka Zulu
June 19, 2015 at 8:02 pm
That’s normal with political appointments.You can be dropped any time.The chap should just move on and not cry foul.
Mungo
June 19, 2015 at 8:59 pm
?