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 Chapter15 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.