FOURTEEN senior retired Zambia Army officers have applied for leave to commence judicial review proceedings against the decision of Army Commander Paul Mihova to ban them from entering any military cantonment in the country.
According to an application for leave filed in the Lusaka High Court principal registry on Thursday, Colonel Kelvin Musonda and 13 others have contended that Lt Gen Mihova’s decision was irrational, unreasonable and against the rules of natural justice.
The applicants stated that Lt General Mihova could not ban them from entering military cantonments because it would stop them from accessing various services such as health and entertainment, including their pension benefits.
The applicants also want the court to order Lt Gen Mihova to give reasons for his actions as well as allow them to access to military cantonments.
They stated that the ban which had covered all the services of the defence force had put their names in disrepute.
“That we have not posed any security risk, neither have we committed any offence or compromised ourselves in such a way as to pose a danger to the country, as [our] only actions were to initially demand our accrued right to be paid our benefits in full or placed back on the payroll than the decision of banning us from entering military cantonment meaning we cannot go to the military headquarters to pursue our benefits,” he said.
The applicants stated that the ban was meant to stop them from pursuing their benefits.
“We reasonably believe the ban is a violation of our fundamental human rights of freedom of movement and association as enshrined in the Zambian Constitution,” Col Musonda stated.
The applicants further stated that if the decision was not quashed, they stand to be disadvantaged as they would be prevented from pushing for their pension benefits and would continue to be embarrassed and deemed to be a danger to society and the country’s security.