Former Republican President Rupiah Banda |
The decision by the PF administration to revoke the
diplomatic passport of former president Rupiah Banda is not only illegal and
improper but it undermines the separation of powers as set out in the
republican constitution. As a matter of law and procedure, therefore, the
government should immediately hand back President Banda’s passport in order to
uphold the law, preserve the integrity of parliament and maintain whatever
goodwill Zambia is still able to muster amidst a long and ongoing series of
social, political, economic and diplomatic blunders.
The Benefits of Former Presidents Act, passed by
Parliament makes clear that every former president is entitled (among other
benefits) to a diplomatic passport along with one return air ticket for such
former president and their spouse. The only instance in which any of the
benefits of a former president can be revoked is if Parliament decides by
two-thirds majority to do so. Parliament can only take such action if the
former president has been convicted of an offence and sentenced to imprisonment
for more than 6 months. This is clearly not the case.
The action by the PF administration amounts to a
violation of the separation of powers as contemplated under our constitution.
Should the government fail to hand back former president Banda’s passport,
Parliament must immediately take this matter up as a breach of our
constitution. It is imperative that the Speaker of the National Assembly demand
an explanation from the Minister of Home Affairs as to the legality of this
action. Should Parliament fail to act, the courts will be able to intervene.
The office of the former president is a national
institution that deserves dignity and respect. The current court cases against
President Banda are not sufficient to grant power to remove the privileges
accorded to his office as former president. The more we undermine this office
through these types of actions, the more we undermine our goodwill and standing
as a nation. The more we undermine our standing as a nation, the less
investment we will see, which will translate into less employment for our
abandoned youth who have long given up on the promises that were made to them
during the last election.
Elias C. Chipimo
President
National Restoration Party (NAREP)
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