CHAPTER 15
BENEFITS OF FORMER PRESIDENTS ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Application

   4.   Pension and other retirement benefits

   4A.   House and Motor Vehicles

   5.   Circumstances when benefits not payable

   6.   Death of President

   7.   Retirement benefits not payable under repealed Act

      SCHEDULE

AN ACT

to provide for the pension and other retirement benefits of former Presidents of the Republic of Zambia; and to provide for matters connected with or incidental to the foregoing.

[24th December, 1993]

Act 40 of 1993,

Act 33 of 1994,

Act 21 of 1998.

 

1.   Short title

This Act may be cited as the Benefits of Former Presidents Act.

 

2.   Interpretation

In this Act, unless the context otherwise requires—

“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 office or appointive office;

in a political party or in an organisation whose main aim is the furtherance of political objectives;

[Ins by s 2 of Act 21 of 1998.]

“executive house” means a house comprising a kitchen, living room, dining room, at least four bedrooms two of which shall have a sleeping space with an attached bathroom and toilet, and with servants quarters on the same premises.

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[Ins by s 2 of Act 21 of 1998.]

“President” means President of the Republic of Zambia; and

“repealed Act” means the State Leaders Retirement Benefits Act, 1990, or the Specified Offices (Terminal Benefits) Act,1989.

 

3.   Application

This Act applies to all former Presidents, including those that ceased to hold office before the commencement of this Act.

 

4.   Pension and other retirement benefits

   (1) Subject to the other provisions of this Act, 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; and

      (b)   the benefits set out in Schedule of this Act;

all of which shall be a charge on the general revenues of the Republic.

   (2) The pension referred to in paragraph (a) of sub-section (1) and item 10 of the Schedule shall be paid retrospectively.

 

4A.   House and motor vehicles

   (1) In addition to the benefits set out in section 4, 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 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.

   (2) Where a former President who is entitled to the benefits conferred under sub-section (1) dies while in or after having left office—

      (a)   the spouse and children of the family who have not attained the age of twenty-one years shall be entitled jointly to one driver and one motor vehicle with free maintenance and entitlement to fuel to extent determined by the Cabinet; and

      (b)   there shall be assigned to the surviving spouse and children jointly, the furnished house built or bought by the State at a place of the surviving spouse’s choice, if the house referred to in paragraph (a) of sub-section (1) has not been assigned to the former President.

   (3) The benefits conferred under this section shall be charged on the general revenues of the Republic.

[S 4A ins by s 3 of Act 21 of 1998.]

 

5.   Circumstances when benefits not payable

   (1) 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 salary from the Government; or

      (b)   engaged in active politics.

[S 5(1) subs by s 4 of Act 21 of 1998.]

   (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 willful 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.

 

6.   Death of President

Where a former President who is entitled to the pension and other benefits conferred by this Act dies while in or after having left office, his spouse and any children of the family who have not attained the age of twenty-one years shall be entitled jointly to—

      (a)   a tax free monthly pension at the rate of fifty per cent of the incumbent President’s emoluments; and

      (b)   the benefits set out in items 7, 8, 10 and 11 of the Schedule.

[S 6(b) am by s 5 of Act 21 of 1998.]

 

7.   Retirement benefits not payable under repealed Act

   (1) Except as provided in sub-section (2) of section 4, no person shall be entitled to receive any pension or other retirement benefit under any repealed Act, whether he claimed for benefits before or after the commencement of this Act.

   (2) Any person who has received a pension or any benefit under any repealed Act before the commencement of this Act shall refund to the Government such pension and surrender the benefit received or the monetary equivalent of such benefit within six months of the commencement of this Act.

   (3) Where any proceedings to claim any pension or other benefit under any repealed Act have been instituted before the commencement of this Act, the court shall, on the application of the Attorney-General, forthwith dismiss the claim.

SCHEDULE

[Sections 4 and 6]

OTHER BENEFITS

1. An office.

2. One personal secretary.

3. Three security persons.

4. One Administrative Assistant, who shall be at the level of Deputy Permanent Secretary.

[Sch item 4 rep and item 6 renumbered as item 4 by s 6 of Act 21 of 1998.]

5. Three house employees, which number may be increased by Cabinet.

[Sch item 5 rep and item 7 renumbered as item 5 by s 6 of Act 21 of 1998.]

6. A diplomatic passport for the former President and his spouse.

[Sch item 8 renumbered as item 6 by s 6 of Act 21 of 1998.]

7. Medical insurance for the former President and his spouse.

[Sch item 10 renumbered as item 7 by s 6 of Act 21 of 1998.]

8. In each year, one return air ticket for the former President and one for his spouse.

[Sch item 11 renumbered as item 8 by s 6 of Act 21 of 1998.]

9. Funeral Expenses on his death.

[Sch am by Act 33 of 1994; item 9 rep and item 12 renumbered as item 9 by s 6 of Act 21 of 1998.]

 
 

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