Thursday, July 16, 2009

‘Constitution doesn’t provide for MPs’ gratuity’

‘Constitution doesn’t provide for MPs’ gratuity’
Written by Mutuna Chanda in Kitwe
Thursday, July 16, 2009 5:07:23 AM

CITIZENS Forum executive secretary Simon Kabanda has told finance minister Dr Situmbeko Musokotwane that none of the 139 Articles in the Republican Constitution provides for gratuity for members of parliament.

In a letter dated July 13, 2009 asking Dr Musokotwane to advise President Rupiah Banda to stop the payment of mid-term gratuities due this year, Kabanda stated that not releasing the funds would not amount to a constitutional crisis.

"I write to appeal to you to advise his Excellency, the President of the Republic of Zambia, Rupiah Bwezani Banda to stop the payment of mid-term gratuity to members of parliament," Kabanda stated.

"Many appeals and representations have been made to him on this issue. Up to now the President has not categorically come out positively to heed to the people's call to him to stop the payment of mid-term gratuity to MPs."

He stated that when the strike by civil servants began that included health workers and teachers, there were appeals for the government to consider shelving plans of paying mid-term gratuities to members of parliament and instead address the public workers' demands.

"Had government responded positively to the appeal the strike would not have reached the extent it went to," he stated.

"During the last press conference, his Excellency, the President acknowledged having received representations on the issue. He however did not give a categorical and positive response. What he said was that he was going to consult his colleagues and that includes you. The economic environment in the nation today requires that this issue is addressed in line with what the majority of the people of Zambia, who are enlightened on this issue, have said. The demands by the public service workers are still pending although they have gone back to work."

He stated that the government could not boast of having resolved the public service workers' problems just because they were back at work out of fear and consideration.

"I wish to draw your particular attention to the health sector," he stated. "Apart from the devastating effects of the strike by the health workers, some cooperating partners have for a moment withheld their support to the sector. In this regard government should take positive steps to ensure that the gap that has been created by this decision of the cooperating partners is filled. Government cannot pretend that all is well when in fact not. It would be prudent for government to use the available means to fill this gap. And one area that is not a priority now is the mid-term gratuity for MPs. The money is there but what is not there yet is government's will and decision to defer the payment in order to appropriately use the resources for the common good."

Kabanda said it would be good for Dr Musokotwane's name to go down in history as one finance minister that advised the President at a critical moment and saved the nation from further challenges, particularly in the health sector.

"There is now what has become a cliché being advanced by you and other ministers and MPs that the mid-term gratuity has to be paid because it is constitutional," stated Kabanda.

"I wish to draw your attention to the Constitution and state that none of the 139 Articles in the Republican Constitution provides for gratuity for MPs, let alone mid-term gratuity. Not paying mid-term gratuity will therefore not create any constitutional crisis. It would be prudent to consider paying gratuity to MPs at the end of their term in office in 2011 and not now. And you know very well that this is the meaning of gratuity. I hope and pray that as the principal advisor to the President on this matter you are going to rise to the challenge of advising him to stop the payment of mid-term gratuity to MPs."

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