The State has submitted that its decision to withdraw pension on former President Edgar Lungu was not a constitutional breach and, therefore, his lawsuit challenging the move should be dismissed.
Deputy Secretary to the Cabinet for administration Oliver Kalabo has told the High Court that the withdrawal of the pension benefits follows Mr Lungu’s decision to overtly return to active politics.
“The Benefits of Former Presidents (Amendment) Act provides, in no uncertain terms, that the pension and other benefits conferred by the Act shall not be paid, assigned or provided to a former President who is engaged in active politics,” Dr Kalabo submitted.
“The words used in the statute are plain and, therefore, the literal rule of interpretation is to be used.” Dr Kalabo added that Mr Lungu is, therefore, not entitled to the reliefs he seeks in a lawsuit against the State over alleged constitutional breaches.
“The respondent (Attorney General) has not breached any provision of the Constitution as alleged and the petition ought to be dismissed with costs,” he submitted.
Mr Lungu has sued the State over its decision to withdraw his benefits following his return to active politics on October 28, 2023.