THE 1998 AMENDMENT TO THE 1993 ACT ON PRESIDENTIAL BENEFITS- Kellys Kaunda

By Kellys Kaunda

THE 1998 AMENDMENT TO THE 1993 ACT ON PRESIDENTIAL BENEFITS

When I addressed the announcement by former President Lungu to return to active politics, I based my arguments on Chapter 15 of the laws of Zambia of 1993 and called for anyone who might know of any other details that could provide additional insight. I got a phone call from a friend in the legal practice who brought to my attention the 1998 amendment which includes “active politics” as one of the circumstances under which the benefits will be discontinued.

Assented on the 7th of October 1998, the Act to amend the Benefits of Former President’s Act, reads “Section two of the principal Act is amended by the insertion in the appropriate place of the following new definition:

” active politics ” means—

(a) the doing of any act indicating a person’s intention to

hold elective or appointive office; or

(b) the holding of elective or appointive office in a political party or in an organization whose main aim is the furtherance of political objectives;

Section five of the principal act was also amended to read, “The pension and other benefits conferred by this Act

shall not be paid, assigned or provided to a former President

who is—

(a) in receipt of a salary from the Government; or

(b) engaged in active politics.

Given the definitions of this act, the question that may require an answer is: does the return of ECL to politics rise to the legal definition of ‘active politics’ for purposes of this act? Given the narrow nature of the definition offered in this act, it is possible for someone to be involved in politics but with no intention of seeking elective office. This leads to the second question: how is intention to hold elective or appointive office indicated? The most obvious way is for one to announce publicly as the practice is that someone is seeking office XYZ or accepting a political appointment.

So, if ECL does not seek elective or appointive office, this act would appear to suggest strongly that he is still entitled to his pension benefits as a former Head of State. This is more likely the intention of the framers of this law as former heads of state remain members of their respective political parties (unless they say otherwise) who, constitutionally, will always retain the right to participate in politics. Like their counterparts in South Africa, the US or Europe, they remain actively promoting their respective political parties but never seek elective or appointive office.