Phelekezela Mphoko, the former Vice President of Zimbabwe that worked under the Government of the former 93 year old President, Robert Mugabe, is yet to hold talks with the current Government, seeking for his retirement package, sources claim.
Mphoko, according to the sources, says that he is entitled to receiving a retirement package from the Government, as a former serving Vice President of the State, just like Robert Mugabe is also yet to receive his.
The former VP has reportedly engaged Professor Welshman Ncube as his legal representative in the matter.
Professor Ncube, an advocate, who is also the president of the MDC party, confirmed his involvement in the matter, but did not throw much light to the issue.
‘I am his legal practitioner on that very issue,’ Prof Ncube was reported as saying.
Phelekezela Mphoko, is the former Vice President of Zimbabwe that was fired from his position as VP and from the ruling party as well, in November, after the resignation of his then boss, Robert Gabriel Mugabe in a military coup.
Sources show that Mr. Mphoko was out of the country when the military took over Harare, the capital of Zimbabwe, in a coup that overthrew Robert Mugabe from the seat, when he was forced to resign from power.
Mr. Mphoko was appointed Vice President to Mr. Mugabe in 2014, by Mr. Mugabe himself. He was appointed then, together with Emmerson Mnangagwa, who took over presidency after Mugabe’s resignation, when he was appointed by the ruling ZANU-PF party.
Mr. Mphoko’s retirement demand has come days after the current President, Emmerson Mnangagwa, on Wednesday, announced the lavishing and generous retirement package that the former president, Robert Gabriel Mugabe, is expected to receive from the Government.
According to the said laws, following the 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 clause has created speculation that Mr Mphoko does not qualify for the benefits since he did not serve a full term.
‘With the fact that Mr. Mphoko was appointed in 2014 and seized to be Vice President in 2017, he did not complete his term of five years in office and therefore, doesn’t qualify to get a retirement package,’ – sources explain.
However, quoting Section 102 of the Constitution which 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 which says “both an ex-President and ex-VP cannot be employed in public office or by anyone else whilst receiving a pension from the State”, Professor Madhuku said that the former VP is entitled to getting his retirement package.
The Professor also explained a ‘full term’ as was 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 explained.
‘He is entitled to his full benefits in terms of the law. It doesn’t matter how long he served. Even a person who has been a Vice President for two hours qualifies for full benefits. The constitutional provision states that a President and a Vice President upon leaving office are entitled to the same salary as the serving President or Vice President for the remainder of their life,’ Prof Madhuku added.
‘Secondly, they will be entitled to benefits as stated in an Act of Parliament,’ he emphasized.
Professor Lovemore Madhuku, is a Constitutional Lawyer in Zimbabwe.
Reporter: Shamilah Namuddu
