Benefits of Former Presidents and Former Vice-Presidents Act, 2026
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Zambia

Benefits of Former Presidents and Former Vice-Presidents Act, 2026

Act 16 of 2026

An Act to provide for the retirement benefits of former Presidents and former Vice-Presidents of the Republic; repeal and replace the Benefits of Former Presidents Act, 1993; and to provide for matters connected with, or incidental to, the foregoing.ENACTED by the Parliament of Zambia.

1. Short title

This Act may be cited as the Benefits of Former Presidents and Former Vice-Presidents Act, 2026.

2. Application

(1)This Act shall apply to all former Presidents.
(2)This Act applies to a former Vice-President who served as a Vice-President of the Republic, or in an equivalent office, from 1964.
(3)Despite subsection (2), a former Vice-President referred to under subsection (2) shall only be entitled to the retirement benefits from the commencement of this Act and shall not accrue benefits retrospectively.

3. Interpretation

In this Act, unless the context otherwise requires—active politics” means the doing of an act indicating a person’s intention to hold an elective or appointive office, or holding an elective or appointive office, in a political party or in an organisation whose main aim is the furtherance of political objectives;child of the family” has the meaning assigned to the words “child of family” under the Children’s Code Act, 2022;[Act No. 12 of 2022]Consolidated Fund” means the Consolidated Fund established under the Constitution;[Cap. 1]emoluments” has the meaning assigned to the word in the Constitution;[Cap. 1]executive house” means a house with specifications, as prescribed;former President” means a person who, having served as President of the Republic, vacates office in the manner specified under the Constitution;[Cap. 1]former Vice-President” means a person who, having served as Vice-President or Prime Minister of the Republic, or in an equivalent office, from 1964, vacates office in the manner specified under the Constitution;[Cap. 1]gross misconduct” has the meaning assigned to the words in the Constitution;[Cap. 1]motor vehicle” has the meaning assigned to the words in the Road Traffic Act;[Cap. 464]political party” has the meaning assigned to the words in the Constitution;[Cap. 1]President” means the President of the Republic;Vice-President” means the Vice-President of the Republic;repealed Act” means the Benefits of Former Presidents Act; and[Cap. 15]Republic” has the meaning assigned to the word in the Constitution.[Cap. 1]

4. Retirement benefits of former President

(1)A former President shall be entitled to the following benefits:
(a)a tax-free monthly salary at the rate of eighty percent of the emoluments of the incumbent President;
(b)a furnished executive house built or bought in the Republic by the Government or in lieu of the house, a one-off cash payment in currency units, as prescribed, that the former President shall use to build or buy a house in the Republic at a place of choice of the former President;
(c)within a period not exceeding six months from the date of vacating office, three drivers and three motor vehicles;
(d)free maintenance of the vehicles referred to under paragraph (c) and fuel for the vehicles as Cabinet may determine; and
(e)the other benefits set out in the First Schedule.
(2)Despite subsection (2)(b), a former President shall, immediately the former President vacates office, be entitled to housing accommodation as the Government may determine until the executive house referred to under subsection (1)(b) is built or bought.
(3)A surviving spouse and child of the family of a former President shall, where the former President who is entitled to the benefits referred to under subsection (1) dies while in, or after vacating, office be entitled to the following:
(a)a surviving spouse and child of the family who has not attained the age of twenty one years shall be entitled, jointly, to—
(i)a tax-free monthly pension at the rate of fifty percent of the emoluments of the incumbent President;
(ii)one driver and one motor vehicle; and
(iii)free maintenance of the vehicle referred to under subparagraph (ii) and fuel for the vehicle as Cabinet may determine;
(b)a surviving spouse and child of the family shall be entitled, jointly, to a furnished executive house built or bought in the Republic by the Government at a place of choice of the surviving spouse, if the executive house referred to under subsection (1)(b) is not built or bought for the former President; and
(c)a surviving spouse shall, in addition to the benefits referred to under paragraphs (a) and (b), be entitled to the benefits referred to under items 5,6,7 and 8 of the First Schedule.

5. Retirements of former Vice-President

(1)A former Vice-President shall be entitled to the following benefits:
(a)a tax-free monthly salary at the rate of eighty per cent of the emoluments of the incumbent Vice-President;
(b)within a period not exceeding six months from the date of vacating office, two drivers and two motor vehicles;
(c)free maintenance of the vehicle referred to under paragraph (b) and fuel for the vehicle as Cabinet may determine; and
(d)the other benefits set out in the Second Schedule.
(2)A former Vice-President who assumed office from August, 2016, shall, in addition to the benefits referred to under subsection (1), be entitled to a furnished executive house built or bought in the Republic by the Government or in lieu of the house, a one-off cash payment equivalent to forty-five percent of the one-off cash payment paid to a former President referred to under section 4(1)(b).
(3)The one off cash payment referred to under subsection (2) shall be used to build or buy an executive house in the Republic at a place of choice of the former Vice-President.
(4)A surviving spouse and child of the family, who has not attained the age of twenty-one years, of a former Vice-President shall, where the former Vice-President who is entitled to the retirement benefits referred to under subsection (1) dies while in, or after vacating, office be entitled, jointly, to a tax-free monthly pension at the rate of fifty percent of the emoluments of the incumbent Vice-President.
(5)Where a former Vice-President dies while in, or after vacating, office, the retirement benefits referred to under—
(a)subsection (1) shall not form part of the estate of the former Vice-President; and
(b)subsections (2), (3) and (4) shall form part of the estate of the former Vice-President.

6. Benefits of former President and former Vice-President on remarriage of surviving spouse

Subject to the Intestate Succession Act, a surviving spouse of a former President or former Vice-President who remarries shall cease to be entitled to the benefits referred to under sections 4(3) and 5(4).[Cap. 59]

7. Circumstances that render retirement benefits not payable

(1)The retirement benefits of a former President and former Vice-President referred to under sections 4 and 5 shall not be paid or provided, if that former President or former Vice-President
(a)is in receipt of a salary from the Government;
(b)is engaged in active politics;
(c)vacates office on the grounds of a violation of the Constitution or of gross misconduct; or
(d)is convicted of an offence under a written law and sentenced to a term of imprisonment exceeding six months without an option of a fine.
(2)Despite subsection (1), the retirement benefits of a former President and former Vice-President referred to under this Act shall, in the case of—
(a)paragraph (a), become payable if the former President or former Vice-President ceases to be in receipt of a salary from the Government; or
(b)paragraph (b), not become payable if the former President or former Vice-President ceases to be engaged in active politics.
(3)Despite subsection (1)(b) and (2)(b), the executive house referred to under sections 4(1)(b) and 5(2) shall be retained by a former President or former Vice-President where that former President or former Vice-President engages in active politics or ceases to be engaged in active politics.

8. Funeral benefits of former President and former Vice-President

(1)A former President and former Vice-President who dies while in, or after vacating, office shall be buried at a burial site designated by the Government within the Republic.
(2)A funeral of a former President and former Vice-President who dies while in, or after vacating, office shall be conducted in accordance with State protocols, as may be prescribed.
(3)A former President and former Vice-President who dies while in, or after vacating, office shall be provided with funeral benefits, as prescribed.

9. Former Vice-President assuming office of President

A former Vice-President who assumes the office of President shall, on vacating the office of President, only be entitled to the benefits specified under section 4.

10. Retirement benefits to be charge on Consolidated Fund

The retirement benefits referred to under this Act shall be a charge on the Consolidated Fund.

11. Repeal of Cap. 15 and savings and transitional provisions

(1)The Benefits of Former Presidents Act is repealed.
(2)Despite subsection (1), the retirement benefits that are due to a former President under the repealed Act shall remain valid as if the retirement benefits were paid in accordance with this Act.

First Schedule (Section 4(1)(e))

Other benefits for former president

1.An office.
2.One personal secretary.
3.Six security persons.
4.One Administrative Assistant, who shall be at the level of Deputy Permanent Secretary.
5.Minimum of three house employees.
6.A diplomatic passport for the former President and spouse.
7.Medical insurance for the former President and spouse.
8.Foreign travel of up to two trips per annum.
9.Local travel of up to three trips per annum.
10.Twenty-four hours security service comprising of six security officers.

Second Schedule (Section 5(1)(d))

Other benefits for former vice-president

1.Diplomatic passport for the former Vice-President and spouse.
2.Medical insurance for the former Vice-President and spouse.
3.Foreign travel of up to one trip per annum.
4.Local travel of up to one trip per annum.
5.Twenty-four hours security service comprising of three security officers.

History of this document

  1. Assented to
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