Maravi

Chiluba threatens those calling for withdrawal of his benefits

Chiluba threatens those calling for withdrawal of his benefits
By George Chellah
Sun 07 Feb. 2010, 06:40 CAT

FREDERICK Chiluba has threatened to take legal action against his critics that are calling for the withdrawal of the benefits he enjoys as former president. And Chiluba stated that the bliss ignorance so far displayed by Ng'andu Magande amounts to irresponsible behaviour and his conduct should be beyond the petty.

In a statement issued on former president Chiluba's behalf, Emmanuel Mwamba stated that many people including persons such as lawyers like Wynter Kabimba have maliciously alleged that the pension and benefits that Chiluba enjoys should be taken away on the pretentions that he is involved in active politics.

“Dr Chiluba and any other former president that wish to comment on matters of public affairs and supports a candidate and political party of his choice does not in any way break the law. Nor are their benefits threatened in any way. The law provides as follows: Article 42 (3) of the Republican Constitution specifically provides for pensions, benefits and gratuity to a former president as prescribed by an Act of Parliament and that such benefits shall be charged on the revenues of the Republic of Zambia,” Mwamba stated.

“The enabling Act for these benefits is ‘The Benefits of Former Presidents Act’, CAP 16 of the Laws of Zambia. This Act is comprehensive and stipulates the benefits that a former President is entitled to and ancillary benefits that accrue to his family and his office. The Act also provided for benefits to a President that dies whilst holding office or after leaving office, and stipulates the benefits that will accrue to the remaining spouse and children."

He stated that the Act also provided for circumstances under which such benefits may be taken away.

“The Act stipulates that a former President shall be disqualified from the pension and other benefits conferred by the Act; (i) If he ceases to hold office of President on the ground of wilful violation of the Constitution or of misconduct, (ii) if he is convicted of an offence and sentenced to imprisonment for a term exceeding six months, (iii) engaged in active politics. This same law defines ‘active politics’ to mean as follows; (a) the doing of any act indicating a person's intention to hold elective or appointive office, (b) the holding of elective or appointive office, (c) Or by a resolution of two thirds of the majority of members of the National Assembly,” Mwamba stated.

“Dr Chiluba does hold and does not intend to hold any political office. It is therefore folly to allege that his benefits should be taken away on the false assumption that he is engaged in active politics. The law defines clearly what the framers intended to mean by ‘active politics’ and Dr Chiluba does not in any way fall in that category.”

He stated that the calls for the withdrawal of Chiluba's benefits were malicious and intended to prevent him from meaningfully contributing to national development.

“This law has been applied equitably in the past; In 2002, when Dr Chiluba retired as Republican president, he remained MMD party president for a period of three (3) months. During that period, his pensions and benefits were taken away in compliance with the law.

The benefits were only restored to him, upon resigning his position as MMD president. Similarly, when Dr Kenneth Kaunda returned to active politics and became UNIP president between 1995 and 1998, his benefits were too taken away in compliance with the law.

When Dr Kaunda retired from active politics and relinquished his position as UNIP president, his benefits were immediately restored," Mwamba stated. "We therefore wish to reprimand such persons as Ng’andu Magande who know the provisions of the law but chose to mislead the nation by alleging that Dr Chiluba is breaking the law by merely rendering political support to President Rupiah Banda.

Dr Chiluba is merely exercising his fundamental rights such as freedom of choice, freedom of expression, freedom of association and freedom of movement as guaranteed by the Republican Constitution. Therefore people like Mr Magande who are bent on making such calls, are the ones breaking the law by insisting on taking away his fundamental rights, freedoms and entitlements that a former president, and human being enjoys.

“The bliss ignorance so far displayed by Mr Magande, in our view, amounts to irresponsible behaviour and having held a senior position such as a finance minister, his conduct should be beyond the petty. We ignored similar and irresponsible remarks from two chiefs namely, Chief Nalubamba and Chief Chona. Maybe their ignorance in these matters can be excused. However, we condemn their strange demands that Dr Chiluba should not speak on public matters, or that his association with President Rupiah Banda is taking away the popularity of the MMD.”

He stated that Chiluba's decision to support President Banda and MMD should be respected without question, as this is his fundamental right.

“We also wish to dismiss the false allegation by The Post that repeatedly refers to Dr Chiluba's trip to the Copperbelt as funded by State House. These allegations ought to be dismissed with the contempt they deserve,” stated Mwamba. “Since 2002, Dr Chiluba, as former president, has had his trips, local and foreign, funded by government as a matter of entitlements.

Therefore, the assertion that the funds released for this Copperbelt trip to meet the welfare of his accommodation, food, and that of his accompanying staff came from State House is only designed to embarrass President Rupiah Banda.

“We caution The Post and other persons such as Chief Nalubamba, Chief Chona and Ng’andu Magande, that Dr Chiluba reserves the right to take legal action against such persons and institutions that are determined to scandalise and defame him without cause or justification.”

Labels: CHILUBA, EMMANUEL MWAMBA

posted by MrK @ 3:07 PM