Court U-Turns – You Can Now Sue Embassy

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By Dickson Jere
A Zambian lady worked for the Irish Embassy in Zambia until when she resigned in 2022 after some disagreements with the employers. She claimed that the embassy breached her contract of employment and wanted damages for constructive dismissal.
The Irish Embassy has since closed shop in Zambia and therefore she needed permission from the Lusaka High Court to serve the documents outside jurisdiction. However, the Judge declined to give her permission on the ground that the Irish Embassy was protected by diplomatic immunity and therefore cannot be used in Zambia.
The Judge based on his earlier decision on the provisions of the “Diplomatic Immunities and Privileges Act” which protects foreign diplomats, embassies and consulates from being sued in the receiving country.
However, the Judge indicated that immediately after passing his decision, it has come to his attention that in fact the legal position has drastically changed globally in matters to do with employment and therefore changes his earlier position by way of review.
“Judicial attitudes by a growing number of domestic courts are indeed steadily drifting towards embracing the doctrine of restrictive immunity as applying also to employment matters” the Judge noted.
“I take it as now settled that Zambian law recognizes the principle of restricted immunity of sovereigns in cases where such sovereigns engage in a commercial activity,” the Judge said.
He said the contract of employment of Zambian lady had a specific clause that said that Zambian law will be applicable to the contract. He noted that countries like Kenya have taken similar position against foreign embassies.
“I hold that subject to exceptions to be established on the peculiar facts of each case, the plea of absolute immunity of sovereigns in employment matters in Zambia is no longer available, and will, in appropriate circumstances, of which the present cases is one, be restricted,” he said.
“I reverse and set aside my earlier ex tempore ruling…” the Judge said and gave permission to the lady to serve her documents on the Irish Government.
“Accordingly, I find that the doctrine of restrictive immunity is applicable to the Plaintiffs action, being one in the realm of employment law,” he concluded.
Case citation – Anne Mbewe-Anamela v Embassy of Ireland – 2023/HP/1762 Ruling passed last week 1st August, 2025.
Lecture Notes;
1. This topic has been very heated in many countries. Most jurisdictions prefer to allows foreign embassies to be sued by local staff who were hired but not paid. The embassy cannot hide under diplomatic immunity when local staff have not been paid their dues. But others argue that immunity is absolute and cannot be lifted in any way. Very moot!
2. Judges are allowed in Zambia to review own decisions within 14 days if they have come across fresh information which was not available when they made a decision. Or any party to the case can apply and ask the Judge to review Judgement within the same period after coming across fresh evidence. However, there are strict rules on how to proceed with reviews.

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