Comrade Rupiah Banda’s Presidential Bid

Rupiah Banda

By Henry Kyambalesa

I am surprised by the news stories that Comrade Rupiah Bwezani Banda has signaled his intention to return to “active politics” that is defined in “The Benefits of Former Presidents Act, Chapter 15” as “(a) the doing of any act indicating a person’s intention to hold elective or appointive office; or (b) the holding of elective office or appointive office … in a political party or in an organization whose main aim is the furtherance of political objectives.”

Can he do so after having received his retirement benefits for three years? If he can, does he need to repay all the benefits he has received thus far?

If he wishes to contest the presidency through either the MMD or UNIP (his former political party), we are very likely to witness unprecedented intra-party conflicts in the party that he wishes to use as his platform for launching his return to active politics.

Therefore, I would personally advise him to form his own political party and eventually contest the Republican presidency through the new party in 2016—that is if he has a keen interest in making a contribution to our beloved country’s quest for harmonious intra-party and inter-party relations.

There is also the possibility that the ongoing legal proceedings against him will have been resolved by 2016.

There is a need for each and every one of us to weigh our personal ambitions and desires against the interests of our beloved country and its people. We all need to pursue our political and other ambitions without jeopardizing our beloved country’s quest for lasting peace and stability.

Finally, I wish to share the following with my fellow citizens who may not have time to search for information concerning the benefits offered to Zambia’s former Republican presidents:

Section 4 (1):

Subject to the other provisions of this Act, a former President shall, upon ceasing to hold office, be entitled to: (a) a tax free monthly pension at the rate of eighty percent of the incumbent President’s emoluments; and (b) the benefits set out in Schedule of this Act
Section 4 (2):

In addition to the benefits set out above, there shall be: (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 is assigned to the former President; and (c) provided by the State to a former President within a period of not more than six months from the date of ceasing to hold office, three drivers, three motor vehicles with free maintenance and entitlement to fuel to the extent determined by the Cabinet.
Section 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.
Section 5 (2):

A former President shall be disqualified from the pension and other benefits conferred by this act: (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.
Other Benefits:
1. An office. 2. One personal secretary. 3. Three security persons. 4. One Administrative Assistant, who shall be at the level of Deputy Permanent Secretary. 5. Three house employees, which number may be increased by Cabinet. 6. A diplomatic passport for the former President and his spouse. 7. Medical insurance for the former President and his spouse. 8. In each year, one return air ticket for the former President and one for his spouse. 9. Funeral Expenses on his death.
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The author, Mr. Henry Kyambalesa, is a Zambian academic currently residing temporarily in the City and County of Denver, Colorado, in the United States of America.