Attorney-General defends withholding of former Army officer’s salary

The Attorney General has argued that the decision to withhold the salary of Nigel Mwaba, a former Zambia Army Lieutenant accused of murdering Dr. Tasila Tembo, was lawful and justified.

Mwaba, who is currently detained and undergoing trial, has filed a lawsuit in the Lusaka High Court against the Attorney General, seeking unpaid salary arrears dating back to October 2020.

In his claim, Mwaba stated that he worked throughout October 2020, earning him the right to a full salary for that month.

He further alleged that his salary was withheld following his arrest, despite the Zambia Army continuing to pay other officers facing criminal charges under similar circumstances.

Mwaba, who resigned from the Zambia Army on April 2, 2024, described the salary withholding as unjustified and unlawful.

However, in his defence, Attorney General Mulilo Kabesha contended that Mwaba only served 23 days in October 2020 and is, therefore, not entitled to a full month’s salary.

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Kabesha further stated that Mwaba’s resignation from the Zambia Army officially terminated his employment, which justified the cessation of salary payments.

“The plaintiff did not work for the entire month of October 2020, and the salary paid should reflect the actual days worked,” Kabesha stated.

He also emphasised that the withholding of Mwaba’s salary after his arrest was in compliance with legal and administrative procedures.

Kabesha added that while Mwaba’s salary was withheld, payments for his loans continued, and no directive was issued within the Zambia Army to continue disbursing his salary.

He argued that Mwaba’s claim of financial loss, inconvenience, and mental anguish lacks merit and should be dismissed, putting Mwaba to strict proof of his allegations.

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