Monday, July 4, 2022

Eighteen retired government employees go to Court of Appeal

Eighteen former government employees who were retired in 2009 and lost a case they had lodged in the High Court against their retirement have lodged an appeal in the Court of Appeal.

Their appeal papers were prepared by Tshiamo Rantao, and cited the Attorney General as the first respondent and Carter Morupisi, the Permanent Secretary of Infrastructure, Science and Technology as the second respondent.

In the appeal, they submit that the High Court judge had erred in his findings.

They said a letter of 29, October, 2009 to 11 of the 18 appellants was an unconditional acceptance of their being retired early by Morupisi.

They also said that the judge had erred in failing to find that the said letter of 29 October, 2009 was merely an acceptance by the concerned appellants of a factual reality that they had been retired from public service, but not a waiver of their right to challenge the decision to retire them by way of review proceedings.

Further that he had erred in not finding that 2 to 18 appellants had a legitimate expectation that, post 2009, which was a date earmarked for the commencement of the new Public Service Act, they would not be retired on the basis of old Public Service Act.

Finally, that he erred in not finding that Morupisi had failed to properly apply his mind in retiring the appellants.

The former employees seek that their appeal be upheld, the order of the High Court dated 24 June, 2011 be substituted and, instead, the Appeal be upheld and that the decision of Morupisi, in his capacity as Permanent Secretary of Infrastructure, Science and Technology to retire 2 to 18 appellants from the Public Service, be set aside and that the appellants are reinstated, retrospectively, to the effective date of their retirement and that the respondent pays legal costs.

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