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Mphoko entitled to pension, say Madhuku and Ncube

31/12/2017 00:00:00
by Staff reporter

FORMER Vice President Phelekezela Mphoko will seek audience with President Emmerson Mnangagwa over his pension and benefits, his lawyer, Welshman Ncube, said Saturday.

Ncube said Mphoko is not demanding a "golden pay out" as has been reported by the State media.

"We are engaging government and, contrary to reports that former Vice President Mphoko wants an exit package, he wants what is legally due to him," Ncube said.

Ncube said the country's Constitution has a provision regulating the pensions of former Presidents and Vice Presidents.

"He (Mphoko) is entitled to the benefits which are specified in the law. The Constitution is specific that a former VP shall be entitled to a pension that is equivalent to the salary of a serving VP. "He/she will be entitled to the other benefits that are specified in an Act of Parliament and regulations in this case as gazetted in 2014," the constitutional law expert said.

Mnangagwa, last week, promulgated regulations providing for pensions of former Presidents in which it was declared that only those who completed a full term from 1987 are eligible to a pension and other benefits.

Statutory Instrument 86 of 2015 provides that a VP who served at least one term in office can enjoy the benefits that come with the office as provided for by the law.

Added to Mnangagwa's latest regulations speculation has been rife that Mphoko might not qualify for benefits.

The former VP was appointed in December 2014 and served up to November this year when former President Robert Mugabe was pressured into resignation by the military before Mnangagwa took over. Mphoko, therefore, served two years short of a five year term.

Section 102 of the Constitution provides that a person who has ceased to be a President or Vice President is entitled to a pension equivalent to a sitting President or VP while Section 103 provides that both cannot be employed in a public office or anywhere else while receiving a pension.

Another Constitutional lawyer, Lovemore Madhuku, has argued that despite not completing a full term Mphoko is entitled to a pension because "the Constitution does not require any VP to have served any term”.

“He (Mphoko)is entitled to his full benefits. It does not matter how long he served. Even a person who has served as VP for two hours qualifies for full benefits," said Madhuku.


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