By Dickson Jere
Over 1,500 differently ranked officers and soldiers from Zambia Army and Zambia Air Force (ZAF) retired at different times. However, when they received their pension benefits – after a delay – they discovered that they were underpaid. The underpayment was caused by the failure of government to implement an upgrade system of their salaries while serving in the Defense Force.
They ex-servicemen sued the government in the High Court , demanding among other things, that they should be retained on the payroll until government pays them their salary discrepancies and underpaid pension benefits.
They also argued that there was discrepancies in salaries of various service personnel – with ZAF, ZNS and Zambia Army – all paying their officers differently even when they are same ranked.
The Judge, after hearing both sides, agreed with them that government (Defence Force) breached the Constitution by not retaining them on the payroll after they retired without being paid benefits on time.
“I find that the conduct of the Defendant of not paying the Plaintiffs promptly and removing the Plaintiffs from the payroll upon retirement was in breach of Article 189(1) and (2) of the Constitution and it’s an infringement of the Plaintiffs’ rights as guaranteed by the Constitution,” the Judge said.“I further order that the Defendant shall calculate and pay what each officer is entitled to from the date of retirement to the date of payment of pension benefits,” the Judge ruled.
Most of them were not paid for about two to three years after retirement.
The Court also took note of the Circular of 2021 that reintroduced service allowances to the officers and that the 1,500 were equally entitled to the same but government did not pay them.
“I order that the Defendant re-calculates and pays the affected Plaintiffs allowances that are due in addition to arrears of salaries and allowances for nit having been retained on the payroll,” the Judge said.
“I order that interest be paid to the Plaintiffs at the Bank of Zambia average lending rate prevailing on the date of this Judgement,” the Court said, adding that their legal costs should also be paid government.
The Judge, however, refused to retain them on the payroll saying the soldiers had already received their pension benefits albeit late and what ought to be paid is the underpayment arrears.
“…but to order that they be retained them on the payroll would amount to unjust enrichment if they also seek the relief of arrears,” she said.
The Judge ordered government to implement the “harmonization” policy of salaries so that similar ranked officers should be paid same salaries in the Defence Force.
The evidence presented showed that ZNS was paying more than others.
Case citation – Kennedy Bwalya Mpamba and others v Attorney General – 2022/HP/1833 and 2022/HP/1842 and Judgement delivered on Monday 18th August, 2025.
Lecture Notes; 1. This case deals with salary structure of officers in government. The Emolument Commission – established under the Constitution- is expected to harmonize the salaries in the public sector under the “equal work, equal pay” principle.