Three former Road Traffic and Safety Agency (RTSA) employees have applied for judicial review in the Lusaka High Court challenging the decision by the Minister of Transport, Works ,Supply and Communications Christopher Yaluma to retire them early.
The trio is Mr. Martin Mbangu, former RTSA Deputy Director of house No.7 Mwapona Road, Woodlands in Lusaka, Mr Frank Munthali, former Head of Internal Audit and Risk Management of Chainama area in Lusaka and Mr Cytone Kibela who is former Head of Information and Communications Technology of Ibex Hill.
In their application, the trio has stated that the decision by Mr. Yaluma to retire them in national interests was unreasonable, irrational and was made without justifiable grounds.
They have claimed that their retirement was illegal and was not anywhere in the provisions of the Road Traffic Act No.11 OF 2002 which clarifies more on the contract of employment and conditions of service for the RTSA staff.
Mr.Mbangu, Mr.Munthali and Mr.Kibela have further stated that the decision by the minister to retire them undermines the freedom of contract of employment between them and the appointing authority. The trio further condemned the minister for terminating their contracts because he had no authority to do so.
To this effect, the three officials are asking the Lusaka High Court for relief of an order to quash Mr.Yaluma’s decision of May 21, 2013 for retiring them in national interests.
Mr. Mbangu was employed by RTSA on January 10, 2010 as a Deputy Director and his contract was renewed in May, 2012 while Mr.Munthali was employed on September 14, 2009 and his contract was renewed on September 12, 2014.
And Mr.Kibela was offered a job by RTSA on August 1, 2006 as head of information and Communications Technology and his contract was renewed on August 1, 2012.
The trio’s contracts of employment were to last for a period of three years but their contracts were terminated before the stipulated time.
Mr. Mbangu, Mr.Munthali and Mr.Kibela said they made efforts to appeal to Mr. Yaluma over his decision but the reply did not yield any positive results as the minister could not consider their appeal.
They later engaged lawyers, Messers Milner Katolo and Associates who wrote to the Ministry of works permanent secretary to advise the minister to rescind his decision but to date nothing had been favourable.