Lawyers for Zambia’s sixth President, Edgar Lungu, have written to the Attorney-General Mulilo Kabesha for government to reinstate and provide for his full benefits.
The lawyers who included Likando Kalaluka have argued that Lungu served as Zambia’s President and that the benefits accrue to him because of that principle.
This is according to a letter written to Kabesha, dated November, 28, 2023 and signed by Kalaluka as a Managing partner.
The Lungu legal team had stated that their client can adequately provide for himself and his family, but that the principle of the law was to provide for pensions and benefits to one that has served as Republican President.
“Further withdrawal of his benefits infringes his fundamental and constitutional rights and freedoms of expression, association, and holding thoughts and opinions,” reads part of the letter.
They cited the Former Presidents (Amendment) Act, No. 21 of 1998 as being outside the realm of allowable derogations, and that they are not reasonably justifiable in a democraic society.
“The position that their client should lose his pension and other benefits, on account of indicating an intention to hold elective or appointive office, or if he actualy holds elective or appointive office, in a polilical party, imposes resticions or disadvantages him,” the Lungu legal team said.
It noted that the impugned provisions of the law fly in the teeth of Articles 20, 21 and 23 of the Constitution, which protects and guarantees Lungu’s rights to freedoms of expression, association and assembly.
They said it protects and guarantees him the right not to be discriminated against on grounds of among other, political opinion.
“We have taken the liberty to re – acquaint ourselves with the derogations allowed under Article 20, 21 and 23 of the Constitution and can confirm that the restrictions which are imposed on our client,” the lawyers stated.
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