By Sishuwa Sishuwa
In Zambia, the law that governs the political conduct of a former president is the Benefits of Former Presidents Act as amended by the Benefits of Former Presidents (Amendment) Act Number 21 of October 1998.
It states that “a former President shall, upon ceasing to hold office, be entitled to:
(a) a tax-free monthly pension at the rate of eighty per cent of the incumbent president’s emoluments;
(b) the benefits set out in Schedule of this Act; all of which shall be a charge on the general revenues of the Republic.”
The benefits appearing in the stated Schedule are:
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.
In addition to these outlined benefits, the Act further states in section 4 (a) that “there shall be:
(a) assigned to a former President, within a period of not more than two years from the date of ceasing to hold office, a furnished executive house built or bought in Zambia by the State at a place of the former President’s choice;
(b) provided to a former President immediately upon ceasing to hold office housing accommodation as the government considers fit before the house referred to in paragraph (a) is assigned to the former President; and
(c) provided by the State to a former President within a period of not more than six months from the date of ceasing to hold office, three drivers, three motor vehicles with free maintenance and entitlement to fuel to the extent determined by the Cabinet.”
The Act also provides for the circumstances when these benefits are not payable to a former President. Section 5 (1) states that
“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.”
The Act, in section 2, defines “active politics” to mean —
“(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”.
It is my informed opinion that none of these two circumstances apply to former President Edgar Lungu for two reasons.
The first is that Lungu has not publicly communicated any intention to hold elective or appointive office. Since the Act does not provide for the meaning of intention, the ordinary interpretation of the word would suffice. According to the Oxford Learner’s Dictionary, intention is “what you intend or plan to do”. The Cambridge Dictionary similarly defines intention as “something that you want and plan to do.” Since Lungu has not publicly said he plans to stand for elective office, the only act that would conclusively indicate his intention to hold elective office is the filing of nomination papers in readiness for contesting an election. Until he does this, if at all he will, Lungu has not engaged in “active politics” as defined in section 2 (a) of the Act. It is important to mention that this law does not provide for speculation or mind reading.
The second reason is that Lungu is currently not holding elective or appointive office. Two weeks after he lost the 2021 election, Lungu wrote a letter to the Secretary to Cabinet, informing the government that he had resigned as president of the Patriotic Front (PF) and retired from active politics. The Government formally acknowledged receipt of this communication and, as per the law, started disbursing the benefits that were due to him as a former President. That Lungu has retired from active politics and the government accepted his decision is and remains the official position. I repeat: the official position is what Lungu has communicated. Anything else, said by third parties, is inconsequential.
Supporters of the government have argued that records held at the Registrar of Societies still bear Lungu’s name as PF president. They have since challenged the former President to have his name removed from the list of office bearers, as failure to do so might be considered as evidence that he is engaged in “active politics” as defined in section 2 (b) of the Act. This reasoning is defective because it ignores the fact that Lungu formally resigned as PF president and communicated his decision to the party’s National Chairperson in August 2021. The continued appearance of his name on the list of office bearers – only because the PF is yet to choose his successor – does not change this fact and is a matter that is best left to the PF and the Registrar of Societies to resolve.
If the former ruling party has not given the Registrar of Societies an updated list of office bearers since his resignation, this is not his fault. It is the responsibility of the PF – specifically the Secretary General or their deputy – to clean the party’s records, including ensuring that Lungu’s name is removed from the list of office bearers. By quitting both the PF presidency and active politics, Lungu is no longer an official or member of the party. As a result, he has no say in its internal operations and cannot communicate with the Registrar of Societies in any capacity.
In short, Lungu has not violated the provisions of the law which provides for the circumstances under which he can lose his benefits. In saying all this, it is not me supporting Lungu; it is the law. My position on this subject will not change even if we took out Lungu and put Hakainde Hichilema – or indeed any other former president – in his (Lungu’s) position, provided the circumstances and the law remained the same.
If anything, it is the government that has violated the law that provides for Lungu’s benefits. In August, the former President formally requested the government to procure him a return air ticket to South Africa. The government declined his request without explaining why. This action violated the provisions of the Benefits of Former Presidents Act that confers on Lungu the right to receive, on an annual basis, one return air ticket from the government to a destination of his choice. It also constitutes a breach of very basic principles of the rule of law, which guarantees him the right to be given adequate reasons whenever his legal rights are taken away. Furthermore, legal rights cannot be withdrawn without due process, which obliges the government to consult and give Lungu an opportunity to make representations before deciding to remove them.
Of worrying concern is that the government’s demonstrated disrespect for Lungu’s benefits appears not to be an isolated incident but part of a growing trend of disregarding his rights including those that are given to him by the Constitution of Zambia. For example, on 9 September this year, the former President went to the Copperbelt to attend an interdenominational church service to which he was invited. After the initial attempt to prevent him from traveling for the occasion failed, the police stormed the venue, dispersed everyone, and arrested the man of God who organised the service for “conduct likely to cause breach of public peace”! Here, we see the violation of Lungu’s constitutional right to meet, speak (since people meet to talk), and associate with other people.
Another violation of Lungu’s rights – this time the right to freedom of movement – occurred on 16 September. When the former President wanted to travel to South Korea to attend an all-expenses-paid peace conference, the government prevented him from boarding the aircraft and had his baggage offloaded. No official reason was provided for this action.
On several occasions, Lungu has also been scolded by government officials for merely exercising his freedom of expression. More recently, the police warned Lungu, who conducts workouts during weekends, against jogging in public. The police spokesperson described the former President’s weekly runs, during which he is sometimes joined by a few enthusiasts, as ‘political activism’ and told him to seek officials’ approval for future jogging exercises.
I appeal to the government to stop the continued violation of Lungu’s rights, such as those conferred on him by the Benefits of Former Presidents Act and the rights to peaceful assembly, free speech, to associate with whomsoever he chooses, to move freely including leaving and returning to Zambia , and to equality before the law. I do not have to like Lungu to defend his legal and constitutional rights. The point is that the government has no known justifiable reason for violating his rights. Lungu has not been arrested and charged with any criminal offence nor convicted by any court of law – factors that could have a bearing on the enjoyment of his rights.
I know what it means to be on the receiving end of human rights violations. This partly explains why I am opposed to the violation of any person’s rights, including former President Lungu’s. Let there be no doubt: Lungu did a lot of damage to Zambia’s democracy. He disregarded the human rights of other people. It is much easier to ignore the continued violations of his rights than to defend them. But we will not be different from him if we keep quiet when his rights are being violated.
We must be very careful that we do not look away simply because those on the receiving end of injustice today were our tormentors yesterday. In dealing with such people, we should never violate or ignore the violation of their rights. Let there be fairness and justice and respect for one another’s dignity. After all, the rule of law demands that everyone’s human rights (including the rights of yesteryear’s oppressors) be respected. We betray both our conscience and duty of care to each other the moment we choose, for whatever reason, whose human rights to defend and whose to disregard.
This is a Catch 22 dilemma. Times are tough and very testing to the Upnd which makes them feel extremely insecure. So each time there’s a buzz around the former president, all the flies in Upnd start fluttering their weak wings. This is not helping matters and unfortunately the former president falls into step like a spoiled child.
Let Hakainde Hichilema call Edgar Lungu and discuss issues instead of leaving it to unstable people like Imenda and his wife and Thabo from Upnd and Nakachinda from PF. Once HH knows ECL’s stand then he can leash in the wild canines mentioned from making inflammatory statements.
This ECL is going nowhere he is purely taunting this GRZ
not all have short memories,
Unfortunately they are making a mistake by paying too much attention to him. You know you can make even an imbecile popular if you are not careful. Hitler, Mussolini, Trump made it history.
Thats why a hopeless politician like Trump is being missed in the US. The Americans cant deal with illegal immigrants so they will vote in the wall builder
Lungu should listen to Simmon Mwewa Lane’s free and objective advise. When the lot finishes even Zanu PF will abandon him. If I were him I would focus my attention on a PE academy where youths can learn to be fit. As it stands he is judt finishing notorious PF.
Watch “6th PRESIDENT LUNGU SINGS AND JOGS” on YouTube
The UPND in general and Hakainde in particular have lost a golden opportunity given to them on a silver plata by the Zambian electorate. Hakainde has been a real disappointment especially to those of us who thought that he would set the democratic bar very high. To the contrary he has even shredded the very semblance of what was left of Zambian democracy. In fact Zambia has descended into a laughing stock. UPND has emerged as a club of just a congregation of rude, egocentric and vengeful souls with no real intention to attend to the economic ills of our great nation. The blame game is their daily bread.
The UPND behaviour towards Lungu has made him look a Saint. A better person than the incumbent. HH has not reset himself. To be too long in opposition, it should have made him an exemplary leader. Alas, not at all! Are we in democracy in Forward or Dununa Reverse gear? While PF is not our standard level, UPND shouldn’t make PF look even better than the level electorates hoped for in 2021 vote. Or else Alebwelelapo may sound appealingly better to 2026 voters.
You should be focusing on whether HH is fulfilling all the lies he told you before elections. Our president ecl will let you know if he decides to return to politics. Why Are you so threatened by him
Forget your your crooked ECL and his hopeless and regrettable tenure .He’s like a used worn out tire to Zambians – not useful.
I think there’s time for everything…..forcing matters doesn’t help…when you’ve done your part its very important to just leave the stage gracefully and enjoy your retirement in peace….i sincerely think Lungu can find better things to do with his spare time and if jogging is one of those things i don’t see any problem with it…..but also restricting his movements is not constitutional…But if HH thinks he is doing a good job he shouldn’t be scared of any Political opponent be it Lungu…Mmembe etc….I think Lungu and Mmembe as a running mate can be a very good ticket
………
Africans really exagerate……..
Why 3 expensive cars for one person ????
Anyways , on lungu in active politics………
Lungu is clever, he operates in gray areas………where he looks involved but he is not involved.
He is doing this to get back at GRZ bacuse law enforcement are on his case for wealth accumulation he can not explain……
@Spaka
Sometimes you reason like a normal human being…3 expensive cars for one person doesn’t make sense and also can you advise HH to trim his Presidential motorcade and trim the number of Ministers seeing him off or welcoming him at the Airport…i also don’t like the idea of a someone opening the Car Door for an able bodied grown man…they copy the US President and the reason why they open the US Presidential Limo doors is because its heavy and armored and it can only be opened by the US secret service…but in Africa you see someone running to go and open a door of a Toyota Landcruiser for the so called ” Honorables”
We all, including Sishuwa², pinned our, expectation, hope in HH. Sanity was thought to soon dawn with the New Dawn setting in. So don’t make it look like that fly escaping the heat of the frying pan only to completely fall into the direct fire.
Everyday, it is Lungu this, Lungu that.. Lungu talk won’t reduce: cost of living, mealie meal price, Kwacha eroson, unemployment or budget deficit. He may have stolen, but nothing is proved yet two years down the line. What was GLOBAL to Lungu then is GLOBAL to you too. Pull up your socks please, if you have any. Otherwise you guys don’t inspire hope anymore.
Confuse the enemy, they are busy flocking the wrong horse while the right horse is almost on the finish line. Nice write up though you will be castigated by the praise “kutumpa uko” team
Government doesn’t operate based on hearsay or inference. But it seems this is exactly what the UPND is doing. When they see people throng around ECL then they take it that he’s doing politics to the extent of their President making unfortunate comments on it at public gatherings. Annual return requires 10 registered office bearers that must include the President. Any changes to that list will trigger an inquiry as to whether you complied with the Constitution. The PF can’t file a Return to remove ECL unless they hold a national convention. This is were the problem is. If HH didn’t lose popularity, all this wouldn’t be there
Listen to Shishuwa!!! Kaping’a learn from this independent thinker. Reminds me of Dr Henry Sosala.
When God wants to destroy someone, he first makes that one mad. We are seeing this manifestation.
For as long as he holds on to the PF presidency via orchestrated convention delays he is in active politics. How can one define retirement?
It is sad that some academicians like the author of this article dont even know what being in active politics is in the Zambian context. When Lungu goes jogging with PF leaders and PF cadres signing alebwelelapo who does this academician want to educate on what being in active politics means in the case of Lungu? The problem with some of these history academicians is that they think you can identify who is being actively in politics by reading history books or by selectively referring to constitutional provisions. Please academician stop cheating gullible people in the country.
Excellent write up, Dr. Sishuwa. Keep it up, colleague.
If Lungu has no intention or desire to be in active politics, he should have been the one to inform those who joins him on his public jogging ventures to avoid signing songs which clearly illustrates his desire to be in active politics. If the constitution doesnt indicate that when Lungu gathers people in public with messages that encourages Lungu to bwelelapo pamu pando is active politics only lame duck academicians like the author of this article can defend these active public activities of Lungu as not being politically active. What a shame that we have arm chair academicians like the author of this article who cannot see beyond their noses.
Ask why is Lubinda acting president if Lungu is still PF president.
ECL is okay, he has just reached that age where he wants people around him.
If they don’t want people to surround him, government should exile him in the Sahara desert by an oasis.
It is amazing that we have people who think the current government doesnt want people to surround former president Lungu. There has always been people surrounding former presidents in Zambia without anybody saying these former presidents were politically active. In the case of Lungu he is surrounding himself with political cadres joining him for his public jogging singing politically motivated songs on public roads. None of the previous former presidents were as politically active as Lungu is. Ask PF self appointed leaders why it is taking their party a long time to elect a new president to replace Lungu. Lungu wants to have the benefits of a former president and being politically active in public places and at corrupted church leaders organised venues
Let’s take away Lungu’s presidential retirement benefits because he’s engaging in active politics.It is the right thing to do.