Presidents (Salaries and Benefits)

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— (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] (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. Schedule (Sections 4 and 6) 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 Part II – Vice-President Benefits Tax-free salary equal to two-thirds of the President’s salary Free house in Lilongwe Free food Free water Free electricity Free guest houses in Blantyre and Mzuzu Free medical services and physician on call Medical insurance for the spouse and children under the age of eighteen years 3 Motor cars Motorcade escort by the Police Duty-free importation of up to two personal motor vehicles every five years Duty-free importation of other items for personal use Staff Personal Assistants 1 Personal Bodyguard 1 Staff Supervisor 1 Head Security Guard 6 Security Guards 1 Storekeeper 2 Cooks 2 Chauffeurs 1 Head Gardener 4 Gardeners Other benefits Spouse entitled to travel abroad at Government expense if in the company of the Vice-President Spouse entitled to travel abroad privately at Government expense but restricted to two times a year for a duration not exceeding fourteen days each time Part III – Former President Benefits Tax-free lump sum gratuity calculated in accordance with the formula applicable in the case of Civil Servants or one year tax-free salary, whichever is greater Tax-free monthly pension at fifty per cent (50%) of the President’s salary Except where a house is provided at Government expense, a monthly housing allowance equal to forty percent (40%) of his salary at the time of ceasing to hold office as President: Provided that nothing in this Part shall be construed as obliging the Government to provide a former President a house at Government expense 2 Motor vehicles (a saloon and a 4-wheel drive 10 seater) Free electricity Free water Free telephone Free medical services and a personal physician Free local travel by scheduled air transport Staff 1 Personal Secretary at S8 Grade 1 Head Guard (Personal Bodyguard) 6 Security Guards 1 Staff Supervisor (E.O.) 1 Assistant Accountant (E.O.) 1 Storekeeper 1 Messenger 1 Valet 1 Housekeeper 1 Steward 4 Housemen 2 Cooks 1 Chauffeur 2 Drivers 2 Laundrymen 1 Head Gardener 3 Gardeners Other benefits Housing Allowance for staff Medical insurance for the former President, spouse and children under the age of eighteen years In each year, one first class return air ticket for the former President and for the spouse to travel abroad Duty-free importation, on application to the Minister responsible, of the following— Foodstuff and beverages for personal consumption Two personal motor vehicles every five years Personal clothing Books, newspapers and periodicals for personal use Any other necessities [19 of 1995] Part IV – Former Vice-President Benefits Lump sum gratuity calculated in accordance with the Civil Service formula or one year tax-free salary, whichever is greater Tax-free monthly pension at fifty per cent (50%) of the Vice-President’s salary 1 Motor car Except where a house is provided at Government expense, a monthly housing allowance equal to forty per cent (40%) of his salary at the time of ceasing to hold office as Vice-President: Provided that nothing in this Part shall be construed as obliging the Government to provide a former Vice-President a house at Government expense Free electricity Free water Free medical services Staff 1 Cook 1 Chauffeur 1 Gardener 1 Security Guard Other benefits Duty-free importation of one motor vehicle once in every five years In each year one return air ticket for the former Vice-President and the spouse to travel abroad Housing allowance for staff Medical insurance for the former Vice-President, the spouse and children under the age of eighteen years.