Attorney-general advises govt to ignore court ruling on retirement age

Attorney-general advises govt to ignore court ruling on retirement age

Attorney General Likando Kalaluka has differed sharply with the recent Court of Appeal Judgement that ruled that only workers employed at the time when the new law was enacted in 2015 will be eligible to retire at 65years.

In a written legal advice rendered to the Permanent Secretary at PSMD, Kalaluka stated that the over 20,000 civil servants that have reached retirement age of 55 years should remain in full service until they reach the age of 65 years.

In a recent case of Konkola Copper Mines Vs Nyambe and Others, the Court of Appeal ruled that the law does not apply retrospectively (backwards) and therefore Nyambe and others must retire at age 55 years.

The Court stated that changes that were introduced by Statutory Instrument no 63 of 2014, to the Public Service Retirement Age Regulations and to the National Pension Scheme (Amendment)Act no. 7of 2015, do not apply to employees that were already in service.

The Court stated that only those employees that entered service after 2015 would benefit from the new law.

Recently both the Judiciary and the Teaching Service Commission have advised their employees that have reached the retirement of 55 years to prepare retirement formalities and exit the service.

But Attorney General Likando Kalaluka has issued legal advice urging those that have reached 55 years to continue working until they reach the age of 65 years.

He said retirement age is set by parliament through statute and not courts, and that the Konkola Copper mine judgment does not apply to civil servants.

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