FORMER President Dr Frederick Chiluba has said he has the right to back President Banda and that this cannot disqualify him from receiving his pension and benefits as reportedly stated by former Minister of Finance Ng’andu Magande.
Dr Chiluba’s spokesman Emmanuel Mwamba said in a statement released yesterday that contrary to some assertions, the former President is still popular.
He said that Mr Magande should know that Dr Chiluba has not broken any provisions for his retirement from politics and cannot, therefore, lose his benefits.
Mr Mwamba explained that Dr Chiluba and any other former President that wishes 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 his benefits threatened in any way.
He said the former President would only lose his benefits if he ceases to hold office on the ground of wilful violation of the constitution or of misconduct.
The other provisions are that a former President could lose his benefits if he is convicted of an offence and sentenced to imprisonment for a term not exceeding six months or engaged in active politics.
Mr Mwamba noted that the law states that active politics means doing any act indicating a person’s intention to hold elective or appointive office, holding of elective or appointive office or by a resolution of two thirds of the majority of members of the National Assembly.
“Dr Chiluba does not hold or does not intend to hold any political office. 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,” Mr Mwamba said.
He said that the Benefits of Former Presidents Act Cap 16 of Zambia is comprehensive, and so calls for Dr Chiluba’s withdrawal of benefits are malicious and intended to prevent the former President from meaningfully contributing to Zambia’s national development.
He said this law has been applied equitably in the past.
Mr Mwamba said that when Dr Chiluba remained MMD party president for three months, his pensions and benefits were taken away in compliance with the law.
He said the benefits were only restored when he resigned his position.
“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,” he said.
Mr Mwamba said Dr Chiluba is only exercising his fundamental right of freedom of choice, expression, association and freedom of movement as guaranteed by the national constitution.
He said it is people like Mr Magande who are breaking the law by insisting on taking away Dr Chiluba’s fundamental rights.[quote]
“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 petty,” he said.
Mr Mwamba also said that Chiluba’s right to support President Banda must be respected without any question. He also dismissed assertions that Dr Chiluba’s trip to the Copperbelt is funded by State House.
“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,” Mr Mwamba said.
[Zambia Daily Mail]