Over 1,500 civil and non-civil servants who worked under the Ministry of Finance in the 1990s have sued the State in the Lusaka High Court demanding payment of their dues, exceeding K200 million.
Mukosa Joseph Mudenda and Estella Chanda have sued the Attorney General on behalf of 1,576 others, claiming an order of payment of three month salaries in lieu of notice for civil servants amounting to K92,644,917 and K10,167,164 for non-civil servants.
They are further seeking gratuities amounting to K23,161,229 for civil servants, six months’ redundancy packages of K17,740,958 for non-civil servants and transport allowance of K81,600,000 for non-civil servants, among other claims.
In a statement of claim filed in the Lusaka High Court, Tuesday, the plaintiffs stated that they were at all material times, former employees of the defunct or no longer existing Tax Customs and Excise Department as well as Taxes Department under the Ministry of Finance as civil and non-civil servants.
They explained that the two defunct departments under the Ministry of Finance were abolished to pave way for the establishment of the Zambia Revenue Authority (ZRA).
The plaintiffs claimed that the former employees of the two defunct departments were served with notices of the pending abolishment of their respective departments and were instructed to either resign or retire.
They added that those who had served in the civil service for 20 years or more were instructed to apply for early retirement, whilst those who had served for less than 20 years were instructed to resign.
“Following the establishment of ZRA, some of the former employees of the two abolished departments were employed under ZRA. On July 17, 1995, former employees who had not been employed under ZRA were informed that they would be deemed to have resigned from the civil service,” read the statement of claim.
The plaintiffs further claimed that on May 29, 1996, the Public Service Commission directed that all the former employees of the two defunct departments be deemed to have been retired in national interest effective March 31, 1994, as opposed to being deemed to have resigned as previously directed.
“Having been retired in national interest, the former employees of the two defunct departments were entitled to be paid terminal benefits comprising three months’ salary in lieu of notice, repatriation allowance and gratuities for the civil servants, whilst non-civil servants were entitled to three months’ salary in lieu of notice, repatriation allowance, six months’ redundancy package and transport allowance,” read the statement of claim further.
The plaintiffs stated that their payment of repatriation allowances was still ongoing, but they were yet to receive their three months’ salaries in lieu of notice, gratuities, six months’ redundancy packages as well as transport allowances.
They claimed that they had on several occasions tried to engage the defendants regarding the payment of their dues, but had not received any positive responses.
The plaintiffs are now claiming an order that the defendant pays them three months’ salaries in lieu of notice for civil servants amounting to K92,644,917 and K10,167,164 for non-civil servants.
They are further seeking gratuities in the total sum of K23,161,229 for civil servants, six months’ redundancy packages of K17,740,958 for the non-civil servants, transport allowance in the total sum of K81,600,000 for the non-civil servants, interest, costs and any other relief the court may deem fit.