Former President Edgar Lungu has decided to take legal action against the state’s decision to reject his application seeking the reinstatement of retirement benefits. Lungu, who served as Zambia’s Sixth President, has filed a Certificate of Urgency with the Lusaka High Court, aiming to expedite the filing of his petition during the court’s Christmas vacation.
The legal challenge is spearheaded by Lungu’s lawyer, Likando Kalaluka, who is also a former Attorney General. Lungu contends that the state’s withdrawal of his retirement benefits due to his return to active politics infringes upon his constitutional rights, specifically citing Articles 20 and 21. These constitutional provisions encompass freedoms of expression, assembly, and association.
The state, represented by Attorney General Mulilo Kabesha, recently rejected Lungu’s application, asserting that the decision to withdraw retirement benefits aligns with Section 5, subsection 1 of the Benefits of Former Presidents Act, Chapter 15 of Zambia’s laws. This section empowers the state to revoke retirement benefits if a former President reengages in active politics.
In his response dated December 4, Kabesha emphasized that the state’s actions were within the legal framework. The rejection came after Lungu’s lawyer had requested the reinstatement of retirement benefits in a letter dated November 28.
Former President Edgar Lungu officially announced his return to active politics on October 28, 2023, after retiring on August 26, 2021, following the general election that saw Hakainde Hichilema assume the presidency. The legal proceedings are expected to shed light on the interpretation and application of relevant laws regarding the retirement benefits of former presidents reentering the political arena.
As the case unfolds, legal experts anticipate that it could have implications for the intersection of constitutional rights and legislative provisions related to the post-presidential benefits in Zambia.