A former Kalomo magistrate who was dismissed from employment for allegedly reporting to work drunk and drinking on duty, has filed a witness statement before the Constitutional Court saying he was not afforded an opportunity to be heard before being dismissed.
Besa Mutale has argued that the Judiciary management’s decision to dismiss him was illegal, unconstitutional and the worst intimidation and victimization of him as a judicial officer.
In this matter, Mutale has sued the Attorney General challenging the decision of the Judicial Service Commission (JSC) to dismiss him from employment on allegations of reporting for work drunk and drinking on duty.
In a witness statement filed on August 2, this year, Mutale stated that he was not afforded an opportunity to be heard either by the Judicial Complainants Commission or JSC before he was dismissed from employment on allegations of being drunk on duty.
He explained that he wrote to JSC appealing against his dismissal on the premise that he was not afforded an opportunity to be heard as he was not heard from the very first time he was suspended, up to the time of his dismissal.
Mutale further stated that he had not been informed of any complaint by the Judicial Complaints Commission from the judiciary or any other person or body as mandated by law.
He added that neither was he heard by the commission for it to have made recommendations for any disciplinary action to be taken against him.
Mutale stated that as far as he was concerned, there could not be any disciplinary proceedings against any judicial officers in the absence of the recommendation of such disciplinary proceedings by the Judicial Complaints Commission.
He stated that the judiciary management in this matter were the complainants and therefore the only role they could play was to complain to the Judicial Complaints Commission.
Mutale argued that the judiciary management had no role to play save only as a complainant, adding that when the recommendation was made against any judicial officer, that recommendation goes to the Judicial Service Commission via the registrar.
He added that what the judiciary management had been doing was just abuse of office because they were aware that he had not done anything wrong.