DOCTOR WHO DEFAMED ECL WAS LAWFULLY DISMISSED – AG

By GRACE CHAILE

DOCTOR Kwalela Kafunya, who was in 2018 sentenced to three years imprisonment for defamation of former President Edgar Lungu, was lawfully dismissed from civil service, contends Attorney General Mulilo Kabesha. 

Last year, Dr Kafunya sued the State in the Lusaka High Court contesting his dismissal from the Ministry of Health and demands terminal benefits amounting to about K1 million.

The plaintiff, then stationed at Luampa Mission Hospital in Western Province was convicted and sentenced to three years imprisonment on three counts of Defamation of the President contrary to section 59 Chapter 87, written threats to murder contrary to section 218 chapter 87 and giving false information to a public officer contrary to section 125 cap 87 of the laws of Zambia by the Mongu Magistrates Court. Dr Kafunya in his statement of claim filed in the Lusaka High Court citing the Ministry of Health and Attorney General as defendants contended that laid down disciplinary procedures in accordance with the disciplinary code was not followed when dismissing him.

The Attorney General in defence filed out of time stated that a salary of a civil servant may be blocked if he is absent from work without lawful excuse Mr Kabesha explained that the provincial health office disciplinary committee sat on April 27, 2020, to consider and deliberate Dr Kafunya’s case pursuit to the Service Commission disciplinary code and Procedure.

“After considering the plaintiff’s matter, a recommendation to the permanent secretary of Ministry of Health was made to have the plaintiff dismissed from civil service. The defendants will aver that the defendants followed procedure in dismissing the plaintiff from the civil service following his conviction by the court. That the plaintiff is not entitled to the reliefs sought in this matter,” he submitted.

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