By Peter Sinkamba
LESSONS FROM ECL BURIAL EMBARRASSMENT
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Lesson No. 1: Never enact laws to punish a person you don’t like or you hate
Lesson No. 2; Never enforce laws maliciously.
The Benefits of Former Presidents Act of 1993 outlines the pension and other retirement benefits for former presidents of the Republic. The Act aims to provide for the welfare of former presidents after they leave office, recognizing their service to the nation.
Benefits Outlined in the Act:
The Act provides for a comprehensive set of benefits, which include:
1. Pension: A tax-free monthly pension equivalent to 80% of the incumbent President’s emoluments (salary and allowances).
2. Lump-sum Gratuity: A one-time, non-taxable lump sum gratuity equal to six months of their gross salary last received while in office.
3. Housing: A furnished house or payment in lieu of a house.
4. Vehicles: Three new chauffeur-driven vehicles, with free fuel, maintenance, and insurance, which are to be replaced every five years.
5. Staff: An administrative assistant, three house employees, and three drivers.
6. Medical Care: Medical insurance for the former president and their spouse.
7. Travel: Sponsorship for a one-month annual vacation for the former president, their spouse, and one accompanying staff member to a destination of their choice.
8. Security: State security.
9. State Funeral: Entitlement to an official state funeral upon death.
10. Spousal and Children’s Benefits: Provisions for the surviving spouse and children of a deceased former president, including a reduced pension and certain benefits.
The Act also specifies that these benefits can be revoked if a former president is impeached, convicted of a serious crime, or receives a salary from the state.
The Benefits of Former Presidents Act was originally enacted in 1993 with a subsequent amendment in 1994 (Act No. 33 of 1994). The 1993 Act consolidated and replaced earlier legislation, the State Leaders Retirement Benefits Act of 1990 which the Chiluba MMD government repealed to punish UNIP leaders that served in government from 1964 to 1991 who had not received pensions. Even when these former UNIP leaders died, their revoked pension benefits were not reinstated upon death. The benefits were not reinstated because there is no law that stipulates that once revoked, the benefits must be reinstated upon death.
Concerning Late President Lungu, there is a letter in public domain signed by Secretary to the Cabinet which clearly stipulate that ALL his benefits were revoked. This includes benefit No. 9: State Funeral entitlement.
Neirher the Benefits of Former Presidents Act enacted in 1993 nor the subsequent amendment in 1994 (Act No. 33 of 1994) provide for reinstatement of benefits once revoked. So on what basis is government claiming the right of entitlement of State Funeral for Late President Lungu?
The conduct of government clearly shows that the revocation of the benefits was done maliciously, and now they regret their malicious actions.
What an embarrassing moment for President Hakainde Hichilema and his government. The whole world is now laughing at Zambia.
Food for thought: if the asouth African Courts uphold the decision that the revoked benefits of a former leader can be reinstated after death, even if the law does not explicitly provide for such, the implications will be that all dead former UNIP government leaders shall be entitled to their benefits with interest accruing from the date of their death .
Therefore, we are keenly following the case in South Africa.
Clearly SINKAMBA is taking the hard stuff! He smokes Chamba and must have been very high on marijuana or Lubanje when writing this article!
Does he think all those ministers were presidents that would be entitled to the presidential benefits?
Dangerously jealous people like Daggaman, Sinkamba, always see things with myopic lenses. What a dull leading such a miserable life! Now imagine, this guy thinks he is the most clever person on earth! God help him!
Just argue with the man toe to toe,period!!
In the first place It should be understood that the ECL family have embarrassed ECL. They have continued to tell the earth and the heavens that Edgar died with great sinful hatred words and heart against some people. They have continued telling the earth and the heavens that Edgar never had the spirit of forgiveness despite declaring October 18th as a national day of prayer and reconciliation. In other words the the family has proclaimed and declared the sinfulness of ECL. Instead of talking good things about ECL, the family chose to amplify his unforgiving and u reconciliatory heart. They have continued telling the earth and the heavens that even in his death state, he still commands them not to allow some people to be anywhere near his coffin or burial place, because he hates them deadly. But one good thing is that the angels are watching, hearing and recording. And the other buffoonic leaders could also stand out and make orders to the world and say, “No body, no one, not even the choir groups from…… should be allowed to be near ” And one who claimed to be acting in the spirit of ECL, even went commanded, ordered the ruffian cadres to to use their strength to …….all those in the set of people that ECL hated and died with his hatred against them. They have not disgraced the state but ECL, for he is badly labeled.
In my view, government must be very clear with the kind of people they are negotiating with, it is in my opinion people who want to eat both ways, if the court does not grant them the right to appeal, they will continue negotiating, if the court does grant them the right to appeal, and they succeed in that direction, they will dump the negotiations, so for them, it is light at the end of the tunnel and a train behind the light ready to go. Let us wait and see if this opinion will prove true of not. But government must be ready with both outcomes.
https://zambianobserver.com/the-1998-amendment-to-the-1993-act-on-presidential-benefits-kellys-kaunda/
Ba observer, publish stories that are balanced.
Mr Sinkamba has based his argument on the outdated Act 1993. The current Act is 1998 and Kellys Kaunda dealt with it and published here.
It does not make sense all the time to be approaching national issues with popularism devoid of facts. Against Hatred being preached to some is never practiced when issuing misleading statements.
In any case, reinstating benefits is not an issue. Can a sitting president declare a state funeral for anyone he believes has done or deserves it in national interest? Yes! ECL can and will receive state funeral because he was a head of state, benefits or not. Period. Why do you want to limit the president’s powers?