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Judicial benefits bill needs wider Inclusion, Kampyongo

Shiwangandu Member of Parliament Stephen Kampyongo has called for a more inclusive approach in the proposed legislation on benefits for former Chief Justices, arguing that other senior judicial officers should also be considered under improved conditions of service.

Debating the Benefits of Former Chief Justice Bill Number 67 of 2026 in Parliament today, Mr Kampyongo said while he supported the proposed amendments aimed at creating a stand-alone law for former Chief Justices, the government should avoid isolating one office at the expense of other key judicial positions.

Mr Kampyongo noted that benefits for former Chief Justices were previously provided for under the Judges’ Conditions of Service Act, Chapter 277 of the Laws of Zambia, and cautioned against narrowly focusing on a single office without reviewing the broader judicial framework.

“Yes, we know the financial implications that come with such improvements, but if we’ve to honour people that serve at that high level of government, being the judiciary, we must just try and find resources,” he said.

The Shiwang’andu lawmaker argued that deputy Chief Justices and presidents of superior courts such as the Constitutional Court also performed significant responsibilities and should not be excluded from improved post-retirement benefits.

“Some of them hold that office up to retirement and more often than not perform the same duties as the Chief Justice in their absence. So why should we leave out such important office holders?” he asked.

The former Home Affairs minister further questioned what provisions would apply to the President of the Constitutional Court, describing it as an equally important and independent court.

Mr Kampyongo urged the sponsors of the Bill to reconsider the proposed legislation and adopt a holistic approach that caters for all senior judicial officers.

“We should have been looking at improving the judges’ conditions under the Act so that as you improve conditions at the top, you’re also considering those at the bottom,” he stated.

According to Mr Kampyongo,  the proposed law risked creating a piecemeal approach to judicial benefits, similar to delays experienced in revising benefits for the Office of the Vice President following the enactment of the 2016 Constitution.

He also raised concern over provisions relating to surviving spouses, saying failure to clearly address such issues in legislation could create future disputes.

“I don’t know why this issue of saying ‘the spouse, surviving spouse, surviving spouses’ has been such an issue, and how we fail to deal with simple straightforward issues like this,” he said

Meanwhile, the Parliamentary Committee considering the Bill recommended the removal of active politics as grounds for loss of benefits for former Chief Justices.

The Committee observed that former judicial office holders remained entitled to constitutional freedoms, including freedom of association and participation in public affairs.

However, the Committee recommended that state-provided ancillary benefits should not be used for partisan political activities.

He urged the government to consider the recommendations contained in the report to enhance the credibility, constitutionality, and fairness of the proposed legislation.

The Committee supported the enactment of the Benefits of Former Chief Justice Bill Number 67 of 2026, describing it as an important step towards strengthening the institutional dignity and independence of the judiciary.

The House has a lot of work to do of adopting some reports and passing and amending 69 pieces of legislation ahead of its adjournment.

Initially, there were 74 bills to be attended to within a short period of time but five of them were withdrawn by respective ministries.

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