Acting Chief Justice Lombe Chibesakunda is 13 years above retirement age. And acting Deputy Chief Justice Florence Mumba is nine years above retirement age. Ernest Saka, who has been retired due to old age is almost same age with new Chief Justice.
A Curriculum Vitae in position of the Watchdog show that Lombe Phyllis Chibesakunda was Born on May 5, 1944 in Zambia, then called Northern Rhodesia.
This means she is now 68 years old.
The retirement age in Zambia is 55 years. The question then would be, why are some judges retired while others of the same age are being promoted?
Chibesakunda went to Chipembi Girls’ School, National Institute of Public Administration (NIPA) and Gray’s Inn in England.
Chibesakunda is less than one year younger than Justice Ernest Linesi Sakala who has been retired due to ‘old age’.
Justice Sakala is 69 years old and was born in November 1943, just a few months before Chibesakunda was born later in May 1944.
Acting deputy Chief Justice Florence Ndepele Mwachande Mumba was born on 17 December 1948, which means she should have retired nine years ago as she is 64-years old
On Monday October 3, 2011, President Michael Sata has directed Justice Minister Sebastian Zulu to amend the Pensions Act to allow civil servants retire at the age of 65 and not 55 years.
But this has not yet been done as it was rejected by all stake holders including the civil servants union of Zambia.
That means the official retirement age in Zambia is 55.
Even if the retirement age was upped to 65 as was suggested by Sata, Chibesakunda would still be too old.
On October 25, 2011, President Michael Sata ordered then Secretary to the Cabinet Joshua Kanganja to ensure that thirteen(13) Security and Defence Brigadier-Generals and sixteen(16) Colonels who had reached retirement age but were still occupying public offices following what he called the illegal amendment of section 38 of the Defence and Security Act Cap 106 which allowed them to continue serving in the Army to vacate their offices by December this year.
President Sata said the previous Government contravened the law when it amended the section of the Defence law outside Parliament allowing retired senior defence personnel to continue occupying public offices contrary to what is outlined in the Defence Act.
Sata made the order when he swore in eleven (11) Police Commissioners, and one Permanent Secretary in the new Ministry of Chiefs and Traditional Affairs at State House in Lusaka Monday.
He said the previous Government had no mandate to amend the statutory Instrument section 38 without the approval of Parliament. He said the decision was done arbitrary and as such, needed to go back to Parliament for a final decision over the matter.
It turned out that the retired soldiers were medical specialists who were retained to man hospitals and there departure severely affected manpower in institutions like Maina Soko.