PRESIDENTS (SALARIES AND BENEFITS)

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

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 Malawi and to provide for matters connected therewith or incidental thereto

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 Malawi;

    “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.

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

7 of 2002

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

    Schedule, Part I

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

    Schedule, Part II

    (c)    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

    Schedule, Part III

    (d)    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.

    Schedule, Part IV

7 of 2002

    (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) 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.

7 of 2002

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

Schedule, Part III and IV

    (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…