THE Zambia Army says it withheld the salaries of its former employee Lieutenant Nigel Mwaba who is a murder accused because it is clearing his debts.
It says, it withheld his salary after his arrest and detention in connection with the murder of his lover, Dr Tasila Tembo.
Lt Mwaba has sued the State over unpaid salaries for the past four years and terminal benefits by the Zambia Army.
Lt Mwaba wants the High Court to compel the State to pay him his salary arrears from the date of his arrest until his resignation from the Zambia Army.
He said he is undergoing trial for the alleged murder of Dr Tembo between October 24 and 26, 2020 after she decided to end their relationship.
In his statement of claim, Mwaba stated that in 2020, he was apprehended and arrested for the offense of murder, for which he is currently undergoing trial.
He said before his apprehension, he worked the entire month of October, 2020, entitling him to a full salary for that month, but the Zambia Army decided to withhold his salary for unknown reasons.
“The State has also continued to withhold the plaintiff’s salary even after his apprehension or arrest, an action that is unlawful and unjustified considering that the defendant has continued to pay other army officers who are facing criminal charges before courts of law in a similar fashion as the plaintiff herein,” he said.
“The defendant has continued to pay the Plaintiffs’ loans with the bank and other organisations but has still continued to withhold the remainder of his salary.”
He said after his arrest there was several communications within the Zambia army command directing the salaries department to continue paying his salary but to no avail although the State has been issuing payslips to him.
Mwaba said there is no law justifying the State’s action to withhold his salary, especially that his fellow army officers undergoing criminal trials before different courts, have continued to receive their salaries unconditionally.
But in its defense the State said Mwaba ceased to be an employee of the Zambia Army on April 2, 2024.
It says he only served 23 days in the month of October,2020, and he’s entitled to payment for the said period.
“The plaintiff did not serve for the entire month of October, 2020 and thus not entitled to a full salary for October, 2020,” it said.
“The defendant has withheld the plaintiff’s salary after his arrest and detention. The withholding of the plaintiff’s salary was done in accordance with the law.”
The State confirmed withholding his money on reasons that it is clearing his debt.
It said Mwaba terminated his employment contract on April 2, by way of resignation.
“There has been no such communication within the Zambia Army command directing the salaries dept to continue paying the plaintiff’s salary,” said the State.
“The plaintiff was not working and no loss of income , inconvenience or mental anguish was occassioned to him.”
By Mwaka Ndawa
Kalemba November 22, 2024.
