Saturday, January 4, 2020

Salary dispute: a gendarme loses his trial at the Supreme Court

Dissatisfied with the terms of a judgment of the Yaoundé Administrative Court in the dispute between her and the Ministry of Defense, a soldier applied to the Supreme Court to disown the first judges. His cassation appeal did not convince the high magistrates who decided the contested court decision.

Chief Warrant Officer Ngwa Patricia Bi, a gendarme, was the victim of various irregular acts on the part of the Ministry of Defense (Mindef). She had been placed on early retirement on the grounds of long-term desertion while undergoing treatment in a military hospital. As a result, the officer spent eight years without receiving his salary. Convinced of the correctness of his approach, the Administrative Court of Yaoundé sanctioned the administration on August 22, 2017 by ordering not only the reconstitution of his career from the rank of chief warrant officer to that of lieutenant but also, by awarding him compensation financial of 40.7 million francs far from the 650 million francs she asked at the start of the trial. 

This court decision did not help the lady who seized the administrative chamber of the Supreme Court. She initially claimed that the first judges distorted the facts which she exposed through her application. This argument was rejected by the adviser-rapporteur, who considered that not only the content of the text concerned was not stated, but also the gendarme did not say how the text had been violated or falsely applied. The plea was found to be non-compliant, as were the others, notably the argument relating to the non-response to the conclusions of the public prosecutor's office, the violation of the provisions of article 39 and 40 of the law of 22 December 2006 establishing the organization and functioning of the administrative court which provides that the defendant's (adversarial) factum be communicated to it. 

Defense

In response to this argument, the adviser-rapporteur made it clear that the brief was not communicated to him because it was not filed within the time limits required by law. It was therefore not mentioned in the judgment except to indicate that it was late. Its content in no way influenced the court's decision since it was not taken into account. He therefore could not cause any grievance. The portal for Cameroonians in Belgium (@ camer.be). There was no point in having the memorial disclosed to him. Ultimately the means did not respect the formalism, the substance can not be examined. If the form is not respected, we do not look at the substance. On December 4, 2019, the high courts found the appeal admissible, but unfounded. The judgment remains in force. 

At the origin of its setbacks, the lady evokes an act of compulsory retirement without pension of August 27, 2008 of the Minister of Defense for "long-term absence". She explained that this act took place when she was interned in the military hospital of Yaoundé, undergoing intensive care. Patricia Bi Ngwa declares that she was followed there by a “colonel doctor anesthesiologist-resuscitator” who subsequently drew up, for the attention of his superiors, a medical report providing sufficient information on the extent of his ills and the evolution of his medical care. Brought to the attention of the "military hierarchy", these arguments militated in favor of its rehabilitation. This materialized by the issuance of a "message carried", signed by Mindef on December 23, 2014, 

The soldier had confided that despite her resumption, Mindef still did not consider her eligible for a career reconstitution whereas before her involuntary departure, she was constantly "highly rated", appreciated by her superiors and enjoyed a "Good career". Ms. Ngwa boasted of a course on the benches, as long as the arm and listed a package of parchments off the hook in both civilian and military life, a background that would entitle her to access to a higher grade. The administrative court had partially ruled in his favor.


Source: Kalara