Saturday, 30 December 2017

MPHOKO FIGHTS FOR GOLDEN HANDSHAKE

FORMER Vice President Mr Phelekezela Mphoko, who was recently fired from Zanu-PF and Government, is engaging the State over his exit package.

Mr Mphoko, who lost the top job as the new administration led by President Emmerson Mnangagwa took over following the resignation of ex-President Robert Mugabe last month, has engaged Professor Welshman Ncube as his legal representative in the matter.

Prof Ncube, who is also the president of the MDC, confirmed the development but could not comment further.

“I’m his legal practitioner on that very issue,” said Prof Ncube. The development comes as President Mnangagwa on Wednesday gazetted retirement benefits to be enjoyed by a former President.

Cde Mugabe is set to be the first beneficiary. In terms of Vice Presidents, Statutory Instrument 86 of 2015 states that a VP who served at least one term in office can enjoy exit packages such as a security officer, two drivers, and domestic workers.

The one term clause has created speculation that Mr Mphoko has not served a full term for him to receive any benefits.  He assumed the VP post in 2014 and lost the post last month.
Constitutional lawyer Professor Lovemore Madhuku argued that Mr Mphoko is likely to be offered an exit package as stipulated in the Constitution.

Section 102 of the Constitution says a person who has ceased to be a President or Vice President is entitled to a pension equivalent to a sitting President or Vice President and section 103 says both an ex –President or VP cannot be employed in public office or by anyone else whilst receiving a pension from the State.

Prof Madhuku said the definition of a term is only relevant to limit a President or Vice President from seeking another term in office.

“What defines a term is a constitutional instrument. The constitution does not require any Vice President to have served any term. The Constitution requires a Vice President to have been a Vice President. He is entitled to his full benefits in terms of the law. It doesn’t matter how long he had served. Even a person who has been a Vice President for two hours qualifies for full benefits,” said Prof Madhuku.

“The constitutional provision states that a president and a vice president upon leaving office is entitled to the same salary as the serving President or Vice President for the remainder of their life. Secondly, they will be entitled to benefits as stated in an Act of Parliament.” Herald 

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