State says ex-President Edgar Lungu not entitled retirement benefits

THE State has submitted in court that former President Edgar Lungu is not entitled to pension benefits and the decision to withdraw them after he joined politics was in accordance with the law.

It has further added that the petition challenging the decision to withdraw pension should be thrown out because the move was not a constitutional breach as alleged by Mr Lungu.

The submission was made by deputy Secretary to the Cabinet for administration Oliver Kalabo who has submitted that Government’s withdrawal of the pension benefits for the former President follows his decision to return to active politics.

This is in a response to a petition in which Mr Lungu is challenging the State’s decision to withdraw pension benefits from him after he announced that he is back in active politics.

“The Benefits of Former Presidents [Amendment] Act provides, in no uncertain terms, that the pension and other benefits conferred by the Act shall not be paid, assigned or provided to a former President who is engaged in active politics.

“The words used in the statute are plain and, therefore, the literal rule of interpretation is to be used,” Dr Kalabo submits.

This is in a case Mr Lungu sued the State over its decision to withdraw his benefits following his return to active politics on October 28, 2023.

He contends that his decision to participate in active politics should not be a basis to deny him his pensions and benefits and that doing so would be an infringement of his fundamental constitutional right of expression, association and to hold opinions.

The former President submitted that the benefits accrued to him because he served as Zambia’s President and not because of his current political status.

But Dr Kalabo submits that office of the Secretary to the Cabinet acted within the provisions of the former President’s Benefit Act when Mr Lungu’s benefits were withdrawn.

“The office of the Secretary to the Cabinet took proper due diligence to ascertain whether the sixth former President was actively engaged in politics and contravening Chapter 15 of the Laws of Zambia,” he submits.

Dr Kalabo submits that it was later published in the Zambia Daily Mail edition of November 15, 2021, it was published that the PF indicated that it wanted immediate change of party leaders.

He adds that office of the Secretary to the Cabinet, in a letter dated November 25, 2021, wrote to Mr Lungu’s office inquiring whether he had continued to be PF leader.

The government official further submits that in a November 25, 2021 response letter, Mr Lungu’s office reaffirmed the earlier position given by the former head of State that he had resigned from active politics and from being PF leader.

“However, the letter stated that the sixth President awaited handing over power to the person the party would elect in his place. In the meantime, the party vice president would continue running the party,” he adds.

“On October 28, 2023, during the 9th memorial anniversary of that late President Michael Sata, the sixth President personally publicly announced his return to active politics,” Dr Kalabo adds.

Source:Zambiareports