By Kellys Kaunda
THE LAW ON A FORMER PRESIDENT WHO RETURNS TO ACTIVE POLITICS
In December 2014, the Law Association of Zambia, LAZ, under the leadership of Linda Kasonde stated that former President Rupiah Banda was going to lose his benefits as a former President following his intention to run for public office, again.
“LAZ’s position is that the decision by Mr Banda to stand for the position of president of MMD and his subsequent decision to campaign for the office of President of the Republic of Zambia constitutes an intention to an actual holding of an elective or appointive office”, Ms. Kasonde said.
However, Ms. Kasonde was also reported as saying “that the question that needs to be carefully resolved is whether being nominated as presidential candidate in national elections amounts to holding elective or appointive office in a political party or organization” (Lusaka Times, December 3, 2014). I stand to be corrected but I am not aware of any developments by way of legislation or Statutory Instrument that has clarified this seeming ambiguity.
Then Minister of Transport and Communications, Yamfwa Mukanga was quoted in the media as saying Mr. Banda was certainly going to lose his benefits claiming that the law was clear although he did not quote the law he was referring to. In his response, former President Banda cried foul saying “withdrawing of his benefits would be tantamount to robbery”.
Former President Chiluba defended his right to participate in politics even after he had left office saying that as a former Head of State, he had a duty, if he felt so, to comment on political issues or participate in political activities. He did not think that that warranted the withdraw of his benefits. On his part, Kaunda vehemently defended his right to a pension when, at one Press Conference, he responded to the question of his pension being withdrawn because of his intention to return to active politics. “I worked for that money, and I am entitled to it”, a defiant Kaunda said emphatically.
Chapter 15 of the laws of Zambia is entitled: The benefits of Former President’s Act. Section 5 of the act is entitled “Circumstances when benefits not payable”. It reads
(1) The pension and other benefits conferred by this Act shall not be paid and
shall not accrue during any period when a former President is in receipt of a salary from
the State.
(2) A former President shall be disqualified from the pension and other benefits
conferred by this act- (a) if he ceases to hold office on the ground of wilful violation of the
Constitution or of misconduct; or (b) if he is convicted of an offence and sentenced to imprisonment for a term exceeding six months; and the National Assembly, on a motion supported by not less than two-thirds of the members of the Assembly, resolves that the former President shall not receive the whole or such part of the pension and other benefits as it may determine.
Please note that there is no provision in this law for the withdrawal of benefits on account of actively taking part in politics as the circumstances under which such a measure could be undertaken are provided for in this act. But like I have pointed out, I stand to be corrected if someone knows of any other law or Statutory Instrument that guides otherwise.
As the law stands, former President Edgar Lungu must continue to enjoy his pension and benefits as provided for as shown below:
1. An office.
2. One personal secretary.
3. Three security persons.
4. Three cars, with free maintenance, and petrol entitlement to the extent determined by the
Cabinet, but only one car for the surviving spouse.
5. Three drivers, but only one for the surviving spouse.
6. One Administrative Assistant, who shall be at the level of Deputy Permanent Secretary.
7. Three house employees, which number may be increased by Cabinet.
8. A diplomatic passport for the former President and his spouse.
9. A furnished house built or bought in Zambia by the State at a place of the former President’s
choice and ownership of the house shall be transferred to him.
10. Medical insurance for the former President and his spouse.
11. In each year, one return air ticket for the former President and one for his spouse.
12. Funeral Expenses on his death
The only legitimate response available to Mr. Lungu’s return to active politics is, in the words of Yamfwa Mukanga as he responded to Mr. Banda’s announcement to return to active politics, “If he wants to get into politics, then let him go ahead because as PF, we are ready to meet him on the battlefield”. UPND might as well say of Mr. Lungu, “If he wants to get into politics, then let him go ahead because as UPND, we are ready to meet him on the battlefield”.
Your article doesn’t make sense.
Ba Sichalwe, your statement is not helpful. Counter his arguments by quoting relevant parts of the law under which the former President’s retirement benefits can be withdrawn.
Most of us laymen in legal issues are easily convinced by mere sweeping statements by people like Mukanga who have selfish interests against the people or persons who are supposed to be beneficiaries of certain conditions of service like the one of former president devoid of the emperical data from the constitution of the land. Without even reading from the constitution what it says about a certain subject matter, we carry the message of lies to the public and when the lies are told several times, they are usually converted to be the truth and become applicable to certain situations as evidence. Can someone quote from the constitution now where it says when a former president is involved in active politics will lose his terminal benefits apart from the ones outlined in the article above.