High Court grants 2 dismissed Sesheke cops leave to apply for judicial review

Lusaka High Court Judge Pixie Yangailo has granted the two Sesheke cops who were dismissed from the Zambia Police Service after the parliamentary by-election, leave to commence judicial review proceedings.

Judge Yangailo has also ordered that the said leave shall act as a stay of the decision of the Zambia Police Service to retire the two officers in national or public interest.

In February this year, the Police Service Commission fired four officers from Sesheke for allegedly beating up violent PF cadres during the parliamentary by-elections in that area.

However, two of the four police officers namely; Shapa Wakunguma, a senior Superintendent Officer commanding Sesheke District and Flemming Chilongo, second officer commanding Sesheke District, applied for leave to commence judicial review proceedings in the Lusaka High Court against the State’s decision to retire them in national interest.

The dismissed cops are seeking a declaration and order that their retirement in Public Interest does not conform with the provisions of the Service Commission Act Chapter 259 of the Laws of Zambia and as such is manifestly illegal, unreasonable, procedurally improper and unconstitutional.

The duo is further seeking for an Order of Certiorari to quash the decision of the Inspector General of Police under the hand of his Senior Executive Officer to retire them in Public Interest.

They also want an Order of Prohibition restraining the respondent from retiring them in National or Public Interest and a hearing of their application before the Puisne (ordinary) Judge of the High Court.

The duo further wanted, if Leave to apply for Judicial Review is granted, a direction that such grant should operate as a Stay of the said decision of the respondent, an order for costs, among other reliefs.

Wakunguma and Chilongo as first and second applicants respectively, cited the Attorney General as the respondent.

Meanwhile, judge Yangailo has since granted the duo leave to commence judicial review.

She has also ordered that the said leave should act as a stay of the decision of the Zambia Police Service to retire the two officers in national or public interest.

“Upon hearing counsel for the applicants and upon reading the affidavit of Shapa Wakunguma and Fleming Chilongo, it is hereby ordered that the applicants herein be granted leave to apply for judicial review. And it is ordered that the said leave shall act as a stay of the decision of the respondent’s agents to retire the applicants in national or public interest,” judge Yangailo stated.

She further ordered that there shall be an inter partes hearing on May 2, 2019.

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