IT’S A PRINCIPLE
…Benefits accrue because one has served as Republican President not because of his political status…
Lawyers for Zambia’s Sixth President, Edgar Lungu have written to the Attorney General for Government to reinstate and provide for his full benefits as he served as Zambia’s President and the benefits accrue to him because of that principle.
It must be stated that former President Edgar Lungu can adequately provide for himself and his family, but the principle of the law was to provide for pensions and benefits to one that has served as Republican President.
Further withdrawal of his benefits infringes his fundamental and constitutional rights and freedoms of expression, association, and holding thoughts and opinions.
Below is the demand letter written to the Attorney General by his letters.
Dear Sir,
RE: WITHDRAWAL OF PENSION AND OTHER BENEFITS FROM THE SIXTH PRESIDENT OF THE REPUBLIC OF ZAMBIA
We refer to the above and advise that we act for Dr. Edgar Chagwa Lungu, the 6th President of the Republic of Zambia (our client).
We draw your atention to a letter dated 30th October 2023 from the acting Secretary to the Cabinet which was copied to you (enclosed for ease of reference), wherein our client was informed that Government has with immediate effect from 1st November 2023, withdrawn the pension and other benefits conferred by the Benefits of Fomer President Act Cap 15 as read together with the Benefils of Former Presidents Act No. 21 of 1998, from our client.
The aforementioned government action was ostensibly pursuant to sections 2 and 3 of the Benefits of Former Presidents (Amendments) Act, 1998 No. 21 of 1998, and apparently instigated by our client’s announcement that he returned to active politics on 28th October 2023, whilst attending the 9th Memorial Anniversary for the late Fifth Republican President, Mr. Michael Chilufya Sata.
The position that our client should lose his pension and other benefits, on account of indicating an intention to hold elective or appointive office, or if he actualy holds elective or appointive office, in a polilical party, imposes resticions or disadvantages on our client, which restictions or disadvantages are not imposed on other reirees or other persons who have either completed their fixed term engagements or contracts (of employmen), You will no doubt agree that judges of the superíor courts in Zambia, constitutonal office holders, Members of Parliament, Direclors, chief executive officers in public, quasi – government and private sector, are not subjected to such onerous restrictions.
You will appreciate that the impugned provisions of the law (referred to above) fly in the teeth of Articles 20, 21 and 23 of the Constitution, which protects and guarantees our client’s rights to freedoms of expression, association and assembly, and the right not to be discriminated against on grounds of among other, political opinion.
We have taken the liberty to re – acquaint ourselves with the derogations allowed under Article 20, 21 and 23 of the Constitution and can confirm that the restrictions which are imposed on our client by the Benefits of Former Presidents Act
Former Presidents (Amendment) Act, No. 21 of 1998 are outside the realim of allowable derogations, and that they are not reasonably justifiable in a democraic society.
Please note further that, pension and other benefits due to a person who has served in any office, are an accrued right for which the person to whom they accrue, has already provided consideration in that he has already laboured for those benefits. Such benefits can not subsequently be taken away on account of events that occur long after a person has ceased to hold office. In casu, it’s been over two (2) years since our client ceased to hold the office of Republican President.
In the circumstances and in the view of the conspicuous and blatant violations of our client’s constitutionally protected and guaranteed fundamental human rights and freedoms, we urge your good offce, being the custodian and chief defender of public interests, to prevail upon the Secretary to the Cabinet, so as to have the full compliments of pension and other benefits due to our client, reinstated.
We also urge you to ensure that section 4A of the Benefits of Former President (Amendmen) Act, No. 21 of 1998, is immediately implemented by the assigning to our client a furnished executive house to be buit or bought by the State at a place of our client’s choice, as it is over the prescribed 2 years since our client ceased to hold office of Republican President.
Our client has also informed us that the State had neglected to avail him the full compliments of the pension and other benefits due to him even before the withdrawal of benefits was effected.
Going forward, our client demands that the State accords him the full compliments of the benefits he is entitled to, including a fully functional Sixth Republican President’s office, vehicles and a full staff compliment as provided for in the relevant legislation.
Please note that should we not receive reasonable representations on the steps taken to reinstate the pension and other benefits due to our client, within 3 days hereof, our instructions are to instilute appropriate court proceedings to safeguard our client’s fundamental rights and interests herein.
What does the constitution say on this?
Constitutionally, you don’t even need to fight for anything because immediately you retire, you are entitled to all those things. But because of your greedy, like Esau of the Bible, you rejected your own birth right, you called it crumbs. Just like Esau you will cry even filling a bottle with tears, but you will never get it. You did not respect and thank God who had given you, these things fipelwa na Lesa in case you didn’t know.
Constitutionally ELC and his government failed to pay pension to separatee civil servants. Nincompoomp now he wants his
What has happened within this short period? He was following the advise of Mumbi Phiri without thinking things through and didn’t realise that Sampa had taken the prized PF leadership beyond his imagination. Now he wants the crumbs he rejected and denounced. There you go Zambians and the justice system. This man is evil and doesn’t stand for anything normal. His wat of life is chaotic that thrives on lawlessness. Keep busy in court so the money he stole can start coming back to government. What a foolish man, that thinks everyone else in Zambia is stupid.
Oh my. He wants the crumbs he belittled after all.
Oh God of Abraham! Our Lungu is now running insane.
One would think if you applied the constituonal right to freedom of association etc then there can be no convictions because that would be the defence, so if ypu follow that reasoning all laws can be over ridden, just a thought
This must have been a very dull President and has hired confused lawyers. What would have happened if he only served for one year has President and retired ? Indeed he was going to enjoy his full benefits till death ie drawing a salary for life among others. The former President Act refers to one subject and cannot be seperated.
I thought he said he didn’t want his benefits?
Has he realised how nice it was?
Was his decision out of emotion.
Does he want to go back into retirement?
Lungu for you! One wonders whether this man is truly a qualified lawyer. Cabinet ministers in office after parliament was dissolved, failure to handover power to Speaker of National Assembly after elections were petitioned etc etc. Is Lungu really a qualified lawyer? Did he pass through ZIALE. Lungu, swallow your pride and resign from active politics forever and ever. Your terminal benefits will all be yours. Law is law. No one is above the law. This is the new dawn where laws are observed and upheld to the letter. Wake up Mr sluggard!
Like I said earlier on, this idiot and his fellow leakage products masquerading as learned are just a bunch of animals who cannot read and understand simple rule of law.
They can if they like use their anuses and farts to fight the law but they are the ones who will be bruised. The days of idiotic illegalities are long gone, let the law breakers lick their own shit and drink their own urine. STUPID IDIOTS.
This is the delusion of the PF crowd. They believe that the law doesnot apply to them. Not even the constitution.
The president’s office is not like any other office. He enjoys immunity as a former president. Now, why should the constitution be discriminatory? If he wants his pension like any other Jim and Jack then by the same token, he should face the law like any other Jim and Jack. He should not enjoy immunity.
PF have a shocking sense of entitlement. What they want becomes the law. Mr. Lungu said he was not going to be blackmailed by the presidential pension and referred to the same as “crumbs”. What arrogance! Truly pride comes before a fall and a haughty spirit before destruction. Mr. Lungu is primed for self destruction.
PF is the true representation of hypocrisy, lies and lawlessness.