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Constitutional Court of Zambia - 2023 January

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1 judgment

January 2023

Mwiinde v Attorney General and National Pensions Scheme Authority (2021/CCZ/0048) [2023] ZMCC 8 (31 January 2023)

Retirement in national interest triggers Article 189 protections; payroll-based allowances payable, but NAPSA eligibility rules remain valid.

Constitutional law — pensions — retirement in national interest under Article 189 — retained on payroll requires payment based on last salary including payroll-based allowances; contributory pension scheme (NAPSA) eligibility (age/minimum contributions) lawful; section 18 NAPSA Act not ultra vires Articles 187/189; distinction between employer terminal benefits and contributory pension benefits.

31 January 2023