Tuesday, November 26, 2024

Former President Edgar Lungu to Challenge Retirement Benefits Rejection in Court

Share

Former President Edgar Lungu has decided to take legal action against the state’s decision to reject his application seeking the reinstatement of retirement benefits. Lungu, who served as Zambia’s Sixth President, has filed a Certificate of Urgency with the Lusaka High Court, aiming to expedite the filing of his petition during the court’s Christmas vacation.

The legal challenge is spearheaded by Lungu’s lawyer, Likando Kalaluka, who is also a former Attorney General. Lungu contends that the state’s withdrawal of his retirement benefits due to his return to active politics infringes upon his constitutional rights, specifically citing Articles 20 and 21. These constitutional provisions encompass freedoms of expression, assembly, and association.

The state, represented by Attorney General Mulilo Kabesha, recently rejected Lungu’s application, asserting that the decision to withdraw retirement benefits aligns with Section 5, subsection 1 of the Benefits of Former Presidents Act, Chapter 15 of Zambia’s laws. This section empowers the state to revoke retirement benefits if a former President reengages in active politics.

In his response dated December 4, Kabesha emphasized that the state’s actions were within the legal framework. The rejection came after Lungu’s lawyer had requested the reinstatement of retirement benefits in a letter dated November 28.

Former President Edgar Lungu officially announced his return to active politics on October 28, 2023, after retiring on August 26, 2021, following the general election that saw Hakainde Hichilema assume the presidency. The legal proceedings are expected to shed light on the interpretation and application of relevant laws regarding the retirement benefits of former presidents reentering the political arena.

As the case unfolds, legal experts anticipate that it could have implications for the intersection of constitutional rights and legislative provisions related to the post-presidential benefits in Zambia.

46 COMMENTS

    • Ba ECL tabakwata brain, he thought he can easily take PF back. Now he doesn’t even have people following him on Saturday rans.
      Just get a job at UNZA as lecturer.

    • Following your humiliating defeat at the hands of HH in 2021,some well-meaning Zambians advised you to retire from politics and become a statesman.But after hearing that the price of mealie-meal in the New Dawn was sky-rocketing, you quickly gathered your minions,belly-full on government crumbs,you begun jogging gunning for a triumphant return to the republican presidency.However,Myles Sampa came on scene and scuttled your plans.Panicking,you quickly dropped your crumbs and unwisely jumped into the fire.Now you feel the heat so you switch on your deceitful nature and start lying that you were just talking about the shrinking democratic space so you want your crumbs back”Nalitumpa ine”

  1. Mr Lungu you created the situation yourself. A trap was set for you but you were too blind to see.
    Firstly you now embarrassing yourself
    Secondly Our courts are partisan so you will be lucky to get a favourable ruling.
    It’s very sad that you couldn’t go quietly and you might end up Zambia’s first destitute president.
    The constitution is not recognized in this country, thanks to you former and current presidents.

    • @Deja Vu: When will you people accept responsibility for your actions? The bucktoothed, HIV racked, murdering and plundering asshol, Edgar “Johnathan Mutawire” Lungu announced his retirement from politics, so that he could get the generous ex-presidentl benefits, in keeping with the law he and his kind wrote. Now, the mofo has decided to return, kill and loot some more, so he has unretired from politics, which per court granted judgement, disqualifies his ass from enjoying retirement benefits. So now, the criminal sues in court, to get a treatment that is in clear contravention of the law. He did this all by himself, but some how he was entrapped..?? Come on.

  2. Politcs 24/7……its like all African Politicians are in the same whatsapp group…..Zimbabwe…South Africa…Botswana…Namibia…Congo..Kenya…and now Malawi main opposition has just fired its Secretary General on suspicion that she’s working with Chakwera and she stole millions from the party

  3. For the sake of clarity, I think Lungu has done well to take this matter to Court. Most of our Laws are ambiguous or contradict. It must also be made clear whose responsibility it is to execute this Law. Last LPM decided to divide FTJ’s salary between him and his estranged wife Vera which was illegal at Law. We’ve Maureen and LPM’s retirement house. Laws must be simple and clear so that they aren’t interpreted and enforced according to the mood of the Party in government

    10
    1
  4. So Lungu has been in Politics since 2000…thats 24 years and he still doesn’t have any investment…he was Minister for several years and President for 2 terms and he still wants to depend on the government to build him a house and feed him???….please educate me…i don’t get it

    13
    2
    • @Deja Vu: No mofo, no! You should not be to or blaming us for problems you yourself acknowledge were caused by your kind. You are saying HH promised to fix your the problems your type created, so it is his fault. Why don’t you start by holding your people accountable for mess they created? Why dont you ask your people why the looted the US $4 billion they found in the national treasury, and why the borrowed another US $33 billion, and looted it also? Why don’t you ask why the destroyed almost 25% of the GDP by reducing it from US $28 billion to US $22.15 billion? Mofo, Zambia has no means to pay US $33 billion that is compounding in interest. Everything we get, from the few industries your relatives left goes to the debt..

      2
      1
  5. HH and UPND has just made it official that our National Treasury is up for grabs…..HH should be removed from office before he bankrupt our country

    5
    16
    • I have organized a group to provoke the police and once the police point their guns on them we video it and sue for compensation… each K500,000.

      5
      1
    • #Tikki during campaign you had a way to fix things by 14hrs after being sworn in.
      Once in office it’s excuse after excuse…. you knew that government had been borrowing money…. Zambia is not the only country in debt but you are using it to mask your failures. By the way check how much Upnd has borrowed in the last two years.
      If PF had not borrowed you were definitely going to conjure up something to pin on PF.
      Koseni fye

      7
      13
    • He refused GRZ to build him a house……….

      He left PF presidency in suspence and dependent on corruption……….

      Announced he is active in politics again, rebuking retirement benifits a crumbs………

      Now he wants to change the constitution to claim those very crumbs ???

      GRZ should use those benifits to educate 50 deserving students from primary to uni……….

      13
      3
  6. Us who do not read the constitution literally, can tell you that he has a very good legal point. Our lawyers have got this small case. This will set a precedent.

    1
    11
    • Yeah someone did say that. Lets see he went with my daddy to national service. He became a lawyer then a politician. He chanced the Presidency after the then incumbent passed away. Lets see lets see….His name is Edgar Chagwa Lungu

  7. The Lawyer for Lungu has quoted articles in our constitution, I have not read the articles those opposing are quoting.
    Could it be that, just like there is nothing forcing the president to stay at Statehouse, there is nothing clearly stated in our constitution. Lungu is a Lawyer, may be he just wants us to open our eyes!
    Surely he can survive without those benefits, let’s wait and see.

  8. The Judge will throw out the case on a technicality!
    Someone may be asked to remove their immunity first to level the playing field!
    Otherwise, Adada has screwed himself!

  9. It is indeed a dramatic scenario world wide. And one is made to believe that one is a learned lawyer and former president. It us a pity thst crumbs are some reliable source of living.

  10. In response to a ZO article from Zamani…When your ECL and the PF regime were denying HH and UPND freedom to campaign, why didnt you have such rubbish write ups about ECL wanting to have one party state in Zambia. Multiparty democracy means competition by different political parties to be a ruling party. When a ruling party loses elections, claiming that the party which has removed them from power is a one party state wont wash. You and your types can cause civil strive in peaceful Zambia. How can you claim that there is one party system of Southern province. There is no such agenda in Southern province nor at national level. I hope the Umodzi Kumawa doesnt have an agenda of one party in Eastern province. Stupid Zumani. Give us a break!

  11. Even if ecl loses his case to challenge the government to give him his benefits now, he will still get them later after retirement or when another leader comes into statehouse. RBee got his share at a time his MMD was leading a pact with PF. So beat it or calm down.

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading