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| National |
| Chihana, Malewezi risk losing benefits |
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Mc Donald Chapalapata, 10 June 2004
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18:58:02
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.Law bars Chihana being veep
Former first and second vice presidents Justin Malewezi and Chakufwa Chihana risk losing their terminal benefits if they continue to serve as members of Parliament, The Nation has established.
The President Salaries and Benefits Act stipulates that the president or the first and second vice president will lose their benefits if they go back to serve in a public office and draw a public salary.
This also means that Malewezi and Chihana can lose their presidential benefits if they accept a ministerial position.
Malewezi, who came last in the presidential race which he contested as an independent candidate, managed to win the Ntchisi North parliamentary seat and has already taken an oath of office while Chihana won the Rumphi Central parliamentary seat and is yet to take the oath.
Section 5(1) of the President Salaries and Benefits Act says: “ The pension, other benefits and facilities conferred by this Act on a former President or former Vice President shall not be paid or enjoyed and shall not accrue during any period when the former President or former Vice President, as the case may be, is in receipt of a salary from Government or other state Body.”
Malawi Law Society president Charles Mhango said on Thursday Malewezi and Chihana will have to choose between getting the benefits or continue as members of Parliament or cabinet ministers and lose the presidential benefits.
“According to the law, Malewezi and Chihana automatically lose their terminal benefits as first and second vice president respectively because they were elected members of Parliament which is a public office. Unless they choose to either forgo the benefits or not take up another public office. They can’t have both,” said Mhango on Thursday.
He said Parliament wanted to avoid the mischief of doubling use of public resources when they came up with the provision, saying doing so would be unethical.
Malewezi said on Thursday that the Office of the President and Cabinet (OPC) has already written him on the matter.
“They have asked me to give my views on it which I will do. But the matter is being studied by my lawyers for interpretation because there is a contradiction with the provisions of the Employment Act,” said Malewezi.
“I have to study the situation first,” added Malewezi.
Chihana could not be reached for comment as his mobile phone was constantly out of reach.
The benefits enjoyed by a former Vice President include a lump sum gratuity calculated in accordance with the civil service formula or one year tax free salary or whichever is greater, according to the Act.
He is also entitled to a tax free monthly pension at 50 percent of his salary and also a car.
Except where a house is provided at government expense, a former vice president is entitled to a monthly housing allowance equal to 40 percent of his salary at the time of ceasing to hold office and is also entitled to free electricity, water, medical services.
The Act also says a former Vice President is entitled to one cook, one chauffeur, one gardener and one security guard.
The other benefits include duty free importation of one motor vehicle once in every five years and one return air ticket for him and his spouse to travel abroad.
A former Veep, the Act stipulates, is also supposed to get housing allowance for staff and also medical insurance for himself, spouse and children under the age of 18 years.
It has also been established that the Republican Constitution also bars Chihana from being appointed second vice president because he has served in that position for a maximum two consecutive terms.
The UDF/Aford memorandum of understanding which the two parties signed in February this year provides that upon the victory of the UDF in the elections, Chihana should be made Second Vice President.
But section 83(2)(3) of the Constitution stipulates that the first and second vice presidents shall hold office for five years or up to the end of the president’s five year term of office, whichever is sooner and that they may serve in their respective capacities a maximum of two consecutive terms.
“Chihana served in his first term which run from 1994 to 1999 and resigned on his own and cannot blame anyone for that and he also served his second term beginning 1999 to 2004 up to the end of the President’s five year-term of office and cannot blame anyone. In this case he cannot serve another term as the second vice president,” said Mhango.
“Their MOU would breach the Constitution,” added Mhango.
But Aford Secretary General Wallace Chiume said on Thursday he does not believe that Chihana served two consecutive terms.
“Although those are technical aspects and I am not competent to comment on, what I know is that our partners (UDF) are going to respect the MOU. As far as we are concerned the MOU is still intact. Nobody has approached us on that position,” said Chiume.
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