News / National
CIO ordered to pay employee US$132,000
3 hrs ago | Views
A High Court judge has ordered the director-general of the Central Intelligence Organisation (CIO) to pay an employee, Tryness Kabiti, US$132,152 after her salary was unjustly reduced, marking a significant legal victory.
The ruling came after the CIO ignored a previous court order issued by Justice Gladys Mhuri, which had instructed the agency to pay Kabiti the same amount. The director-general had failed to file submissions on an application for a declaratory order, prompting Kabiti to take further legal action.
Justice Nyaradzo Priscilla Munangati-Manongwa, in her latest ruling, took a strong stance against government officials who ignore court orders, especially when acting in their official capacity. She stated that non-compliance with court orders by some officials is often a significant problem, despite constitutional provisions that require citizens and State entities to observe the rule of law.
"Compliance with court orders by some government officials acting in their official capacity is often problematic. This is despite the constitutional provision that obligates all citizens and State entities to observe the rule of law," said Justice Munangati-Manongwa.
The case dates back to November 27, 2023, when Justice Mhuri granted Kabiti a declaratory order, nullifying the director-general's conduct and ordering the payment of the owed salary. However, the director-general failed to make good on the court's decision, despite numerous undertakings made to Kabiti's lawyer over the phone.
In response to the ongoing non-compliance, Kabiti took matters into her own hands by filing a writ of execution in January 2024, instructing the sheriff to attach the CIO director-general's assets. However, this was blocked by a letter from Chitekuteku to the sheriff, which argued that CIO property was not executable.
Kabiti then filed an application for contempt of court, seeking to have the director-general held accountable for his failure to comply with the court's order. The director-general, however, opposed the application, arguing that the matter was still under contestation through an application for condonation to appeal to the Supreme Court.
The director-general's defense was that his failure to comply with the order was not deliberate but due to pending legal processes. He also claimed that Kabiti should allow the matter to be heard on its merits rather than insisting on a default judgment.
However, Justice Munangati-Manongwa dismissed these arguments, stating that the director-general was using the pending application for condonation as an excuse to avoid compliance. She emphasized that even if an individual disagreed with a court order, they were still obligated to comply with it unless it had been stayed.
"The argument by the first respondent that he cannot satisfy the judgment debt, given that the application for condonation for late filing for leave to appeal to the Supreme Court is still pending, does not hold water," said Justice Munangati-Manongwa. "Even if one is not in agreement with a court order, as long as it is extant and execution thereof has not been stayed, one is obliged to comply with it."
The judge criticized the director-general's delay in filing the application for condonation, suggesting that his actions were motivated by the threat of legal action for contempt rather than a genuine desire to resolve the issue. She further pointed out that the director-general had not sought a stay of the judgment and had been aware of the order since 2023.
In her ruling, Justice Munangati-Manongwa also highlighted that although CIO property is not subject to execution under the State Liabilities Act, the payment could still be made from the Consolidated Revenue Fund, ensuring compliance with the court's order.
"The court finds that the first respondent has not placed any acceptable defense as to why the order could not be complied with, and hence he is in willful defiance of the court order under case number HCH 5840/22," she stated.
The judge emphasized that failure to comply with the order would result in serious consequences for the director-general, including arrest and imprisonment for contempt of court.
The CIO director-general has been given 30 days to comply with the court's order, with the threat of arrest if he fails to do so. The court also ordered the director-general to pay the costs of the suit.
This ruling underscores the importance of upholding the rule of law and reinforces the principle that even government officials must respect the decisions of the courts.
The ruling came after the CIO ignored a previous court order issued by Justice Gladys Mhuri, which had instructed the agency to pay Kabiti the same amount. The director-general had failed to file submissions on an application for a declaratory order, prompting Kabiti to take further legal action.
Justice Nyaradzo Priscilla Munangati-Manongwa, in her latest ruling, took a strong stance against government officials who ignore court orders, especially when acting in their official capacity. She stated that non-compliance with court orders by some officials is often a significant problem, despite constitutional provisions that require citizens and State entities to observe the rule of law.
"Compliance with court orders by some government officials acting in their official capacity is often problematic. This is despite the constitutional provision that obligates all citizens and State entities to observe the rule of law," said Justice Munangati-Manongwa.
The case dates back to November 27, 2023, when Justice Mhuri granted Kabiti a declaratory order, nullifying the director-general's conduct and ordering the payment of the owed salary. However, the director-general failed to make good on the court's decision, despite numerous undertakings made to Kabiti's lawyer over the phone.
In response to the ongoing non-compliance, Kabiti took matters into her own hands by filing a writ of execution in January 2024, instructing the sheriff to attach the CIO director-general's assets. However, this was blocked by a letter from Chitekuteku to the sheriff, which argued that CIO property was not executable.
Kabiti then filed an application for contempt of court, seeking to have the director-general held accountable for his failure to comply with the court's order. The director-general, however, opposed the application, arguing that the matter was still under contestation through an application for condonation to appeal to the Supreme Court.
The director-general's defense was that his failure to comply with the order was not deliberate but due to pending legal processes. He also claimed that Kabiti should allow the matter to be heard on its merits rather than insisting on a default judgment.
"The argument by the first respondent that he cannot satisfy the judgment debt, given that the application for condonation for late filing for leave to appeal to the Supreme Court is still pending, does not hold water," said Justice Munangati-Manongwa. "Even if one is not in agreement with a court order, as long as it is extant and execution thereof has not been stayed, one is obliged to comply with it."
The judge criticized the director-general's delay in filing the application for condonation, suggesting that his actions were motivated by the threat of legal action for contempt rather than a genuine desire to resolve the issue. She further pointed out that the director-general had not sought a stay of the judgment and had been aware of the order since 2023.
In her ruling, Justice Munangati-Manongwa also highlighted that although CIO property is not subject to execution under the State Liabilities Act, the payment could still be made from the Consolidated Revenue Fund, ensuring compliance with the court's order.
"The court finds that the first respondent has not placed any acceptable defense as to why the order could not be complied with, and hence he is in willful defiance of the court order under case number HCH 5840/22," she stated.
The judge emphasized that failure to comply with the order would result in serious consequences for the director-general, including arrest and imprisonment for contempt of court.
The CIO director-general has been given 30 days to comply with the court's order, with the threat of arrest if he fails to do so. The court also ordered the director-general to pay the costs of the suit.
This ruling underscores the importance of upholding the rule of law and reinforces the principle that even government officials must respect the decisions of the courts.
Source - newsday
