Ex-Zambia Army Officer, Lt Nigel Mwaba calls on state to pay him his salary arrears

Former Zambia Army Officer Lt Nigel Mwaba, who is under trial on accusations of murdering Dr Tasila Tembo, has sued the State over unpaid salaries for the past four years and terminal benefits by the Zambia Army.

Lt Mwaba says the High Court should compel the State to pay him his salary arrears from the date of his arrest until his resignation from the Zambia Army. The exsoldier is currently on trial for allegedly murdering Dr Tembo between October 24 and 26, 2020 after she decided to end their relationship.
Judgement was not rendered in the case following its conclusion, due to the sacking of Judge Wilfred Muma. The case is being retried by judge Sharon Newa.

In his statement, Mwaba said that in 2020, he was apprehended and arrested for the office of murder, for which he is currently undergoing trial. He said before his arrest he worked the full month of October, 2020, entitling him to a full salary for that month, but the Zambia Army decided to withhold his salary for unknown reasons.

“The State has also continued to withhold Lt Mwaba salary even after his arrest, an action that is unlawful and unjustified considering that the defendant has continued to pay other army officers who are facing criminal charges before courts of law in a similar caseas the plaintiff herein,” he said.
“The defendant has continued to pay the Plaintiffs’ loans with the bank and other organisations but has still continued to withhold the remainder of his salary.”
Mwaba stated that the State has not terminated his contract of employment to date despite him having resigned from the Zambia Army.

He further added that even after his arrest there was several communications within the Zambia army command directing the salaries department to continue paying his salary but to no avail although the State has been issuing payslips to him.

LT Mwaba said there is no law justifying the State’s action to withhold his salary, especially that his fellow army officers undergoing criminal trials before different courts, have continued to receive their salaries. He said the action by Zambia army, to withhold his salary is in bad faith, discriminatory and not justified aimed at depriving him his income.

Mwaba said as a result he has suffered loss of income , inconvenience and mental anguish at the hands of the State.
He added that he is failing to pay school fees for his children and to meet their daily needs. “The plaintiff has suffered mental anguish and depression as he has had to depend on family members to meet his and his children’s daily needs for survival,”stated Mwaba. He is further seeking damages for loss of income, damages for inconvenience and mental anguish and any other relief the court may deem fit.