United Party for National Development
No. 28A Lagos Road
Fax. No. 21-1-255257
15th November, 2012
Clerk of the National Assembly
P. O. Box 31299
We the United Party for National Development (UPND), on behalf of the people of Zambia do hereby present a petition to the August house this day 15th November, 2012, aimed at stopping the unlawful allocation of K1.4 billion towards the fifth President’s retirement home.
The matter we are referring to is contained in the Yellow Book on Page 911 under programme 1012 in infrastructure development activity 716.
This proposed item of expenditure is in our view an entitlement of a former President and is covered by the benefits of former Presidents Act. It is our position that presently we do not have a fifth President who has retired.
We have noted that Section 4a and b of the benefits of former Presidents Act provides as follows:-
(a) assigned to a former President within a period of not more than two years from the date of ceasing to hold office, a furnished executive house built or bought in Zambia by the State at a place of the former President’s choice;
(b) provided to former President immediately upon ceasing to hold office housing accommodation as the government considers fit before the house referred to in paragraph (a) is assigned to the former President;
We have also noted that the benefits of former Presidents are not automatic, but there are circumstances when these benefits are not payable. Section 5 provides as follows:-
5 (1) The pension and other benefits conferred by this Act shall not be paid, assigned or provided to a former President who is-
(a) in receipt of salary from the Government; or
(b) engaged in active politics.
(2) A former President shall be disqualified from the pension and other benefits conferred by this-
(a) if he ceases to hold office on the ground of willful violation of the Constitution or of misconduct; or
(b) if he is convicted of an offence and sentenced to imprisonment for a term exceeding six months;
And the National Assembly, on a motion supported by not less than two-thirds of the members of the Assembly, resolves that the former President shall not receive the whole or such part of the pension and other benefits as it may determine.
(As amended by Act No. 21 of 1998)
Clearly the allocation as proposed in the 2013 budget is against our laws and constitution. This matter in our view should not even be tabled for consideration in the house.
We are also appealing to the consciences of our members of Parliament not to pass this immoral item of expenditure as there are millions of our people who they represent who have earned their pensions and have not been paid. Why should the fifth President get his pension prematurely?
1. Hakainde Hichilema President
2. Richard M Kapita Vice President
3. Winstone S Chibwe Secretary General
4. Edwin Lifwekelo Dep. Chair Publ.
5. Kuchunga Simusamba Dep. Chair Finance
& Econ. Development