A seven member Supreme Court Panel chaired by Justice William Atuguba has by a 6:1 majority decision shot down an action by JUSAG members seeking an order to compel the state to integrate both judicial service workers and members of the bench onto the cap 30 pensions scheme.
Currently, only judges are on the cap 30 while all other judicial service workers have been placed on the SSNIT pensions scheme.
But JUSAG in an application filed at the Supreme court sought among other reliefs a declaration that upon a true and proper construction of Article 127 (4) and (5) of the 1992 Constitution, all persons serving in the Judicial Service are entitled to be placed on the CAP 30 pension scheme upon the coming into force of the 1992 Constitution and that the practice of placing some of the persons serving in the Judiciary under the SSNIT Pension Scheme after the coming into force of the Constitution violates Article 127 (4).
With the exception of Justice William Atuguba, all the other six panel members are of the opinion that the two category of workers cannot be on the same scheme and enjoy the same benefits.
This action is totally different from JUSAG’s consolidated salaries case in court.