Constitutional Court upholds President Hichilema’s power in dismissing Lt. Col. Mpashi from Defence Force

The Constitutional Court has dismissed a petition by Zambia soldier, Lieutenant Colonel Brenda Mpashi, who challenged her dismissal from the Defence Force, ruling that President Hakainde Hichilema acted within his constitutional powers.

Lt. Col. Mpashi filed the petition on May 17, 2024, against the Attorney General and the Public Service Pension Fund (PSPF), arguing that her dismissal was unlawful.

She sought a declaration that Regulation 10A of the Defence (Regular Forces) (Officers) Regulations of 1960 was unconstitutional and requested reinstatement, salary arrears from July 5, 2023, and recognition of her pension rights under Article 187 of the Constitution.

She contended that Regulation 10A violated constitutional provisions, including judicial independence, and led to the forfeiture of her pension rights despite 18 years of service and 219 contributions to the pension fund.

Attorney General Mulilo Kabesha defended the dismissal, stating it followed due process under Regulation 10A.

He argued that Mpashi was deemed unsuitable to remain in the army due to conduct likely to discredit the Defence Forces.

The court also noted that her pension rights were governed by the Public Service Pensions Act, not the repealed Defence (Regular Forces) (Pensions) Regulations.

The court ruled that the President, as Commander-in-Chief, has constitutional authority to appoint and dismiss defence personnel.

It further held that Regulation 10A does not grant absolute discretion, as dismissals require a recommendation from the Army Commander and must be based on inefficiency, unsuitability, or conduct discrediting the Defence Forces.

The court also clarified that the regulation allows for judicial review if due process was not followed.

Additionally, it determined that claims related to reinstatement and salary arrears were employment matters beyond its jurisdiction and found that Regulation 14(1) of the Defence (Regular Forces) (Pensions) Regulations did not apply to Mpashi.

Finding no constitutional violations, the court dismissed the petition in its entirety.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.