CHAPTER 2:02

PRESIDENTS (SALARIES AND BENEFITS)

ARRANGEMENT OF SECTIONS

section

1. Short title

2. Interpretation

3. Application of this Act to a former President

4. Salary, pension and benefits of the President, etc.

5. Circumstances when benefits, etc., not payable or available to
a former President or former Vice-President

6. Death of the President, etc.

Schedule

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26 of 1994
19 of 1995
7 of 2002

An Act to provide for the salary, benefits, pension and other
retirement benefits of the President, Vice-President, former
Presidents and former Vice-Presidents of the Republic of
Mala
ŵi and to provide for matters connected therewith or
incidental thereto

[2nd December, 1994]

1.

Short title

This Act may be cited as the Presidents (Salaries and Benefits) Act.

2.

Interpretation

In this Act, unless the context otherwise requires—

“former President” or “former Vice-President” means the person who was duly elected and took office as President, or, as the case may be, who was duly appointed and took office as Vice-President, of the Republic of Malaŵi;

“Vice-President” means First Vice-President and Second Vice-President.

3.

Application of this Act to a former President

The application of this Act shall extend to any former President who ceased to hold office before the commencement of this Act and shall so apply retrospectively to the date he ceased to hold office.

4.

Salary, pension and benefits of
the President, etc.
7 of 2002

(1) Subject to the other provisions of this Act—

(a) the President shall be entitled to—

(i) such salary, which shall be tax-free, as Parliament may, from time to time, appropriate to him;

(ii)

Schedule,
Part I

the benefits and facilities specified in Part I of the Schedule;

(b)

Schedule,
Part II

the Vice-President shall be entitled to the salary, benefits and facilities specified in Part II of the Schedule;

(c)

Schedule,
Part III

a former President shall, upon ceasing to hold office of President, be entitled to the gratuity, monthly pension, benefits and facilities specified in Part III of the Schedule; and

(d)

Schedule,
Part IV


7 of 2002

a former Vice-President shall, upon ceasing to hold office of Vice-President, be entitled to the gratuity, monthly pension, benefits and facilities specified in Part IV of the Schedule.

(2) The salary of the President shall not, without his consent, be reduced during his term of office, and shall be reviewed at annual intervals.

(3)

7 of 2002

The salary, pension, gratuity and other benefits of the President, the Vice-President, a former President and a former Vice-President shall be a charge on the Consolidated Fund.

5.

Circumstances when benefits, etc., not payable or available to a former President or former
Vice-President

(1) 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 the Government or other State body.

(2) A former President or former Vice-President shall cease to be entitled to receive or enjoy the whole or part of the pension, other benefits and facilities conferred by this Act if—

(a) he ceased to hold office upon impeachment in accordance with the Constitution; or

(b) he is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine, and, in addition, the National assembly, on a motion supported by not less than two-thirds of the members of the Assembly, resolves that the former President or former Vice-President, as the case may be, shall not receive, or be entitled to, the whole or such part of the pension and other benefits as it may determine.

6.

Death of the President, etc.

(1) Subject to subsection (2), where the President, the
Vice-President, a former President or a former Vice-President who is entitled to benefits conferred by this Act dies while in or after having left office, the surviving spouse and any children of the family who have not attained the age of eighteen years shall be entitled jointly to the pension specified in

Schedule,
Part III and IV

Part III or IV of the Schedule, as the case may be.

(2) The pension payable under subsection (1) shall cease to be payable, after twenty-four months (excluding the month in which the deceased died) or upon the death of the last eligible beneficiary thereof, whichever is the sooner.

ss. 4 and 6

SCHEDULE

Salary and Other Benefits of the President, Vice-President, Former President and Former Vice-President

PART I

The President

Benefits

Free house in Blantyre, Zomba, Lilongwe and Mzuzu, and at Chikoko Bay in Mangochi

Free food

Free water

Free electricity

Free medical services and personal physician for the President, spouse and children under the age of eighteen years

Free transport

Duty free importation of items for personal use

Motorcade escort

Presidential convoy

Staff

1 Chief of Staff

1 Aide-de-Camp (ADC)

Personal Assistants

3 Personal Bodyguards

1 Secretary

1 Staff Supervisor

1 Head Security Guard

Security Guards

3 Storekeepers

6 Cooks

4 Chauffeurs

4 Head Gardeners

Gardeners

House staff

1 Copy Typist

1 Messenger

1 Tailor

1 Valet

1 Lady-in-waiting/Dresser

Other Benefits

Spouse entitled to travel abroad at Government expense if in the company of the President

Spouse entitled to travel abroad privately at Government expense but restricted to three times a year for a duration not exceeding fourteen days each time

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