Minister of Transport, Works, Supply and Communications Yamfwa Mukanga has said the law will take its course once Mr Banda files his nomination papers.
He said Mr Banda will certainly lose his benefits because the law is clear on former presidents who decide to return to active politics.
Mr Mukanga said Mr Banda should be playing the role of statesman and advisor rather than being in active politics.
“If he wants to get into politics, then let him go ahead because as PF, we are ready to meet him on the battlefield,” the minister said in an interview yesterday.
This follows the statement by the Law Association of Zambia (LAZ) said that former President Rupiah Banda should no longer be entitled to his presidential pension and retirement benefits following his decision to return to active politics.
“LAZ’s position is that the decision by Mr Banda to stand for the position of president of MMD and his subsequent decision to campaign for the office of President of the Republic of Zambia constitutes an intention to an actual holding of an elective or appointive office,” LAZ vice -president Linda Kasonde said in response to a press query.
She also said that the question that needs to be carefully resolved is whether being nominated as presidential candidate in national elections amounts to holding elective or appointive office in a political party or organisation.
Ms Kasonde said that the phrase “holding elective or appointed office” includes a duty, charge or position conferred by a political authority.
She said according to the Benefits for former President’s Act Chapter 15 of the Laws of Zambia, pension and other retirement benefits for former presidents upon ceasing to hold office be entitled to tax free monthly pension at the rate of 80 percent of the incumbent President’s emoluments.
Ms Kasonde also said other benefits include a furnished executive house built or bought in Zambia by the State at a place of the former President’s choice.
When announcing his comeback to politics, Mr Banda said that withdrawing of his benefits would be tantamount to robbery.
Nomination for what Presidency position, MMD or Zambian republic.
The RB will loose erections on 20th January.
Loose erections? Nostradamus, are you okay?
As he has assumed an active political role, he should lose his pension, move out of the govt house he was bought – it is/was part of the severance package – yes , he is free to do what he wants with his life, BUT THERE SHOULD BE NO DOUBLE DIPPING in the Poor taxpayers coffers!!!
On your face chicala; animals like RB belong ihe jungle with his fellow mates like gorillas
He will also lose respect from Zambian people. He should ask mama Kaseba. She has known Zambians first hand now, after giving her 20 votes out of 1300+.
“If he wants to get into politics, then let him go ahead because as PF, we are ready to meet him on the battlefield,”??
The fact is that RB has already returned to active politics following his acceptance of standing for MMD in presidential by elections. Furthermore, RB already begun his campaign and in it self, clearly he is in active politics. Why even wait till he files his candidature? Everything its “waiting”!
The law should be placed upon RB no sooner than him filling for presidency.
The confused and violence PF is kicking its own last kicks of their end.
47 days and counting down whilst anarchy in both PF and MMD goes on.
RB WILL DEFINITELY LOSE THE 20TH JANUARY ELECTIONS WITHOUT DOUBT AND THAT IS NOT EVEN MY CONCERN BUT THE FOLLOWING:
1) AGE TWAPAPATA EVEN IF BA TWEBA ATI “NDIWANYOKO”, NO, BUT A REPUBLICAN PRESIDENT IS “OURS”. IS THERE ANYTHING THAT RB LEFT THAT HE WANTS CLEARED APART FROM HIS COURT CASES AND POSSIBLY HIS FORMER WORKERS WHO HE FEELS BETRAYED HIM?
2) WHEN (NOT IF) HE LOSES THESE ELECTIONS, WHAT NEXT? WILL HE GO TO THE CONVENTION TO BE ELECTED LEADER OF MMD? WHO IS THE LEADER OF MMD NOW? VACANT OR IS STILL NERVERS MUMBA? I FEEL THAT THOSE WHO ARE PUSHING HIM INTO THIS ELECTION ARE NOT BEING FAIR TO HIM BECAUSE AT HIS AGE, HE HIMSELF ONCE COMPLAINED (AT ONE CHURCH IN LUSAKA), “HOW CAN YOU SEND AN OLD PERSON LIKE ME TO SUCH A TERRIBLE AND BUSY PLACE (STATE HOUSE)?’. WHAT HAS…
Just cut the benefits now. The old man is already campaigning so no need to wait. If the decision is wrong RB can take the government to court where it can be debated intellectually. We want a quick & responsive government especially where we can save money and channel it to more productive uses.
This is not news! One retiree covering the front page? We want the judo, Kung-fu and ifibaka ne konya we have become used to on the free from PF otherwise this is so boring. PF please, fight fight fight…..
@Nostradamus MDB2014 (Most Demented Blogger)
Can’t tell the difference between “elections” and “erections.” His words are drawn from his dirty dark twisted mind. Chainama patient no. 1.
RB will lose benefits for only two months at the most .That’s nothing to him really and the upside potential if he wins means it’ll be a worthy gamble.
Enka, there’s no provision for reinstatement of benefits in the law. Or rather, the law is silent on the matter as no normal person realized then that such a situation could arise.
Granted, the law should have a remedy for all situations but that can only happen in retrospect.
I’m afraid RB will forever lose his benefits as he most certainly cannot win the presidential elections. The old f00l!
Rather than complain about the matter as RB has done, a far better thing would have been to say this is a price he is more than happy to pay for the sake of serving the nation!
But no. As usual, it’s all about greed and what’s best for the politician!
Personally, I’m still waiting (…..and know I will forever!) to hear just one candidate from ANY PARTY (!) promise to reverse Mr. Sata’s unnecessary pay hikes and take a pay cut instead. Imagine!
The problem in Zambia is that we are too emotional and skew our thoughts and decisions depending on where our emotions take us.
Yes the Law maybe silent on re-instatement of benefits but I equally dont think the Law says one shall lose his benefits permanently upon returning to politics (Not 100% sure) but rather makes it clear that on “retirement” a former President shall be entitled….
People may have “read” into this to mean that someone is not entitled to a retirement package if they are “Active in Politics”. That in itself leaves a lot open for legal interpretation.
My “commonsense” view is that once someone has “earned” his pension. He has earned it and that entitlement is for life. It can be suspended if he gets eleceted President but other than that, it is his…
@ ENKA:
SORRY ENKA, NOT FOR TWO MONTHS ONLY BUT FOR THE REST OF HIS LIFE. IT IS LIKE RE-NOUNCING OR LOSING ONE’S CITIZENSHIP OF ONE COUNTRY. IT IS FOR GOOD. YOU CANNOT CLAIM THAT BACK AND THE REASON FOR THAT IS THAT AS THE PRESIDENT AGAIN, HE WAS GOING TO BE ENTITLED AGAIN TO THESE SAME IF NOT IMPROVED BENEFITS UPON RETIRING FOR THE SECOND TIME OR BEING A BORN AGAIN (PEPANI)! WHEN HE RE-JOINS “ACTIVE” POLITICS HE CAN EVEN TELL US THAT “SIWAMAI AKE OR ASK US “BUSHE NDI WANYOKO?” BECAUSE HE REVERTS BACK TO AN ORDINARY CITIZEN AND HE KNOWS THIS AS THE FORMER PRESIDENT AND I DO NOT EVEN KNOW AS TO WHY HE IS COMPLAINING.
IT WORRIES ME A LOT THAT EVEN PRESIDENTS IN THIS COUNTRY RARELY KNOW WHAT THE CONSTITUTION SAYS!
Let him gamble, lwakwe. And this time around we need a gvt of laws. RB s’ case is very clear.
He surely cant have it both ways.He is greedy and selfish.He also has no vision and foresight.He clearly cant win.What was he doing in Chibolya?I guess taking people for granted.Who needs an eighty year old President?Finally i fully endorse HH for the top job.He is the best as of now.GOD BLESS ZAMBIA.
Welcome back to politics although you are now two presidos in MMD. The winds of change is blowing through Zamba. What are the chances of winning and is the risk really worth losing your benefits? Think hard and long.
Yamfwa Mukanga should ve also told the nation PF Govt stance on Christine Kaseba who filed her nomination papers. If Kaseba’s benefits have not been withdrawn and Govt withdraws RB’s then Govt will be playing double standards.
@ DIMAKWENDA:
DR. KASEBA HAS NEVER BEEN A PRESIDENT AND NEITHER IS SHE. THE BENEFITS APPLY TO THOSE WHO CARRY THE TITLE OF “FORMER REPUBLICAN PRESIDENT” AND EXTEND TO FIRST LADIES ONLY BY VIRTUE OF BEING WIVES OF THESE FORMER PRESIDENTS.
Kasebas’ case requires gvt urgent response. She is not entitled to any benefits any more. Please let the law be straight and then these chaps wont gamble
He is handsome man. Let us give him a vote.
you’re kidding right?
ZAMBIA…..NIAMAYI BAKO??
can someone tell me something on RB. if he loses he gets back his benefits as a former Head of state or he loses for good?
@illogical logic,
Good question, my thoughts too. But @2.1 Ricky Bobby has explained it very clearly.
Nyama soya must surely have poor advisers. May be he salted away substantial resources in of-shore accounts.
yes. But he’s still greedy enough to cry about losing his benefits. This guy just rubs me the wrong way
Go ahead and waste your time by taking away his benefits. He will file his nomination papers on 17th of December and he will be President on the 20th of January. But as for you Yamfwa Mukanga you will be heading to JAIL
I thought an X president looses his benefits once he goes into active politics like RB is doing right now, and not on account of one filing in his nomination. Sata was right to call Mukanga “icipuba” and this pf government only depended on Sata and kabimba’s wisdom. Now that they ‘re no more there is no alternative. Dull pf Mps.
RB wants to eat with both hands – selfish fellow.
Useless Mkanga & some bloggers:RB still ruled Zambia as a president once & henceforth has all his democratic rights to stand again without any hindrance! In any case-being a UPND staunch & die- hard supporter I’m happy for RB’s come back & his arrogance for he is surely either knowing or anti-knowingly doing UPND a favour because of eastern province & PF’s Drunken Master Lungu.They will surely share & UPND will either be second or first in that province & PF knows this that Their Drunken Master Malawian Lungu will have no strong hold with RB in the ring! However Flight HH2015 is having an edge over any candidate but we need RB as a spoiler in eastern province & Miles as also a spoiler in muchinga,northern & luapula & God is doing exactly that!
The article says active politics,nw is there any difference btn a person who is in active politics and rb? He is campaignin already,isnt dat active politics? So why wait till he has filled nomination papers? Wat if he decides nat to file bt instead rally behind mumba and be appointed vice president? Dat wont qualify to b active politics,huh? Hon mukanga plz
RBs’ benefits should be withdrawn NOW !!! He is in ACTIVE politics. Whats wrong with this country and law abiding ????
RB is in order to participate in this election.This move is well calculated.His candidature will help split votes between Him and Edgar Lungu as easterners are well known to vote for one of there own. This in turn will create a huge chance for HH to scoop the presidency with more than 50% votes. The truth is that Sampa would have given HH a really run, because both are young and economic managers. The ZNBC debates will have been lively as these three would have battled out nicely -HH,CHIPIMO and SAMPA. Scott is a wise man ,Muzungu are strategic, there is a genuine reason why he does not want Lungu to be president but does not want to say it in public.VIVA FLIGHT HH 2015.
NDINE MWANA WANYOKO FOR YOU TO TAKE MY BENEFITS
Ati ‘I have decided to come back to politics because PF have destroyed the economy’. Zambia ni ya anyoko? Granted, PF have done a lot of retrogressive things in the 3 years that they have been in power, but old man, are you sure you are the solution? At your age, we are the ones now to look after you, not you to look after us. We have vast talent that can undertake that job. Ba Yamfwa naimwe, are you the one to talk about RB’s benefits, where is the government spokesman or even the president? Oh, I forgot. With what is happening now, may be they are all suspended!
Zambians are voting for a young man this time. There is a strong wind of real change. Rb is too old to bounce back into politics and will lose.
Hakainde Hichilema is the youthful and energetic leader of the major opposition political party, the UPND.
Hichilema was born on 4 June 1962 to a poor family in a village in the district of Monze. Life started out tough, but Hichilema’s grit and determination in pursuing his studies paid off when he was awarded a scholarship to the University of Zambia where he studied and graduated in 1986 with a Bachelor of Arts (BA) in Economics and Business Administration. He then went on to obtain an MBA degree in Finance and Business Strategy from the University of Birmingham in Britain.
Since then, Hichilema, affectionately known as ‘HH,’ has carved out an impressive track record in business, both locally and internationally.
Hichilema used his university education to break down social…
Is Hakainde’s only qualification ‘Youthfulness?’
If that is the case, may I remind you that Zambia has only had two out of five Presidents older that 60 at the time they took office.
KK was 40, 13 years younger than HH, when he became President.
Vote for HH on 20 January 2015, and he will go down in history as the shortest serving President of Zambia. He CANNOT fulfil ALL his promises and come 2016, he will be begging for more time. Zambians will kick him out. They have not much patience, especially that he is not a charismatic character!
ufuna kunitana ma benefits, ni ma benefits ya a’ nyoko? you dont want me to stand as mmd president, nanga u’president niwa uso?
I am amazed at the collective intelligence or the lack thereof, of the Zambian people. Why are we so dull kanshi? Zambians born in the 1980s especially, may have been so undernourished that their brain capacity suffered irreparable damage.
What the law on former Presidents’ package says does not preclude a retired President from participation in politics. How can that be democratic? Every Zambian can and SHOULD participate in active politics. What the law says is simply that if the former President gets ‘appointed’ or ‘elected’ into a political office, he loses his benefits. Why? Simply because of the fact that he has another source of income by virtue of being in that new office!
How is this so hard to understand?
RB will take the case to court and will win.
Thank you for this post. It’s amazing how we fail to understand simple things like this. This is the very reason why there is confusion in PF. Guy has tried to make people understand simple things but alas, very few people are prepared to listen including the educated ones like LAZ, unfortunately.
HH BECAME WEALTHY purely by luck and not intelligence. The majority of Zambians in top positions in every field who were born and educated in the early days of UNIP had the same background. Russia today boasts the largest number of billionairs aged below 50, why? Because they happened to be there at the time of privatisation of the former Soviet state owned enterprises. In the same way, HH got rich at the expence of privatisation of Zambian state owned enterprises. Secondly, he inherited cattle from his guardian. The Humba people of Namibia are the largest cattle owners in Africa and any of their children leaving the village is potentially very wealthy.
HH will disappoint Zambians full time. Wait and see.
@THE SAINT, there is a difference between politics AND slander. Yours is slander and if you are a normal functioning adult, then deep down you know it. Please research and read on the exponential grow of cattle when it is well managed. In the meantime the topic is RB.
Why is the HH camp so scared of this election? The answer is and I quote their own man in Choma who told the few people they were not expecting “If HH loses the 20th January 2104 election, then UPND will be irrelevant in 2016”
Surely, this is already an indication that HH has lost the battle once again to Edgar Lungu. What UPND and HH don’t have is the message to the people.
People have already resolved that PF under Edgar Lungu should and will continue to deliver development taking place in their areas. Lies, tribalism and empty promises will not work.
The mandate of PF is 2016 and beyond and the President is Mr. Edgar Lungu. Mr. Sata left him with Presidential powers and no one can take that from him including this muzungu called Scott, never.
The decrease of a person’s efficiency at a certain age is an empirical and common factor for both women and men. Essentially, this is what makes RB’s return to active politics repulsive to forward thinking people.
The best thing RB can do is to vacate the active political space and pass on the baton to young people.
RB, please take a back seat to advice and mentor young people so that they can contribute fresh ideas and new perspectives.
Why don’t you want to retire with dignity? Mufuna poor finishing awisi Andrea?
What happens if he loses the Elections? Does he again qualify for presidential benefits if he resigns from the MMD? Cause thats what is going to happen.
He is a former President. Currently, he is the MMD presidential candidate just like the likes of Sampa and Lungu. They still draw their salaries as ministers until otherwise.
Most African leaders do commit a lot of crime during their terms in office. that’s why its so hard for them to retired.the fear of been prosecuted for crimes is like a thorn in the flesh, they will do nothing to remove it even it means holding on to power till the die. democracy in Africa is just in words not action
Dear all,
To STOP recycling politicians like RB
HH is the answer
2015 Vote HH
I thank you
LAZ is not fit for the purpose under its current status as a body to comment on the legal political shambolic Zambia has plunged itself. This LAZ was mute when late Sata as republican president raped every law in the nation. There was terror and arrests of opposition leaders, threats of dethronement of traditional leaders and non recognition of Chitimukulu, lashing at government ministers as foolish as little children, Sata ‘Chumbu Mushololwa’ was a small god no one would raise a voice against. He even appeared in a lower court over a libel suit he instigated in a pathetic appearance to the nation- due to his sickness. Where was LAZ to advise Sata’s legal team? Today LAZ can voice over withdrawal of RB’s benefits, then prevent him from his democratic right to stand as president of…
RB has every right like any Zambia to returned to politics. the question is what is it that he will offer that he didn’t when the Zambia people gave him a chance to for 3 years? MMD can not win in 2015 ,the wounds that the Zambian people suffered for 20 years are still fresh, to make the matters worse PF is adding acid on the wounds . shall will continue to suffer in the hands of the selfish and brutal people?
Is LAZ missing one letter of the alphabet??
LAZ….’Y.’
Come back and tell us the final decision on what constitutes taking up office etc….instead as forever mooring when you should be clarifying you’re legal interpretations of our ……laws…….which I think we have.
The only moot point is why the High Court never hear
S nor concludes cases in time for them to bring relief to citizens.
By the time we get a judgement on the transfer of power to Guy Scott he will have completed his Acting time. We were hoping to see him being chained and removed to Treason camp chained to Mwenye.
@22 THE SAINT, there is a difference between POLITICS and SLANDER. Yours is slander, and if you were a normal functioning adult, then deep down you would have know the difference. Since I can tell from your comment you have no experience with livestock, Please research and read on the exponential grow of cattle when it is well managed. In the meantime the topic is RB.
The greedy one who wants all will lose all.
Iwe Mukangwa why have you not effected the law against RB? RB has returned to active politics, why waiting for him to launch the nomination papers? So you mean the benefits can not be cut if a former president does not launch nomination papers despite participating in active politics the way RB is doing? Mukangwa behave your self…apply the law squarely on RB.
Peace and Prosperity to Mother Zambia.
Its bad enough to hold the record for presidents dying in office. We do not want to break our own record. The guy is already a geriatric! He should go back to Chiparamba and rest into the evening of his life.
Please cut his benefits his killed MMD just like that…foolish Muhabi short sighted atase
RB Mbuya ! nichani kansi?….You are not doing this for the love of the country but due to selfishness.
Just go back to the village and keep Zambia green mbuya !
Chi oneni pa menso unkalamba
After they cut off his paycheck watch Bwezani start to lose his pot belly