The Benefits of Former Chief Justice Act, 2026

Benefits of Former Chief Justice [No. 71 of 2026 763
THE BENEFITS OF FORMER CHIEF JUSTICE
ACT, 2026
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Application
3. Interpretation
4. Benefits of former Chief Justice
5. Benefits of former Chief Justice on remarriage of surviving
spouse
6. Circumstances when retirement benefits not payable or
provided
7. Benefits to be charge on Consolidated Fund
8. Transitional provisions
SCHEDULES
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101, Lusaka, Price K16.00 each

nsitional provisions
SCHEDULES
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101, Lusaka, Price K16.00 each

An Act to provide for the retirement benefits of a former
Chief Justice; and provide for matters connected with, or
incidental to, the foregoing.
[12th June, 2026
ENACTED by the Parliament of Zambia.
l. This Act may be cited as the Benefits of Former Chief Justice
Act, 2026.
2. This Act shall apply to a former Chief Justice who is serving
as Chief Justice from the commencement of this Act.
3. In this Act, unless the context otherwise requires—
“active politics” means the doing of an act indicating a person’s
intention to hold an elective or appointive office, or holding
an elective or appointive office, in a political party or in an
organisation whose main aim is the furtherance of political
objectives;
“child of the family” has the meaning assigned to the words
“child of family” under the Children’s Code Act, 2022;
“Consolidated Fund” means the Consolidated Fund established
under the Constitution;
Benefits of Former Chief Justice
Enactment
Short title
Application
Interpretation
Act No. 12
of 2022
Cap.1
[No. 71 of 2026 765
GOVERNMENT OF ZAMBIA
ACT
No. 71 of 2026
Date of Assent: 4th June, 2026

t title
Application
Interpretation
Act No. 12
of 2022
Cap.1
[No. 71 of 2026 765
GOVERNMENT OF ZAMBIA
ACT
No. 71 of 2026
Date of Assent: 4th June, 2026

“Constitutional Court” means the Constitutional Court
established under the Constitution;
“emoluments” has the meaning assigned to the word in the
Constitution;
“former Chief Justice” means a person who, having served
as Chief Justice for a period of at least five years, vacates
office as Chief Justice in the manner specified under the
Constitution;
“gross misconduct ” has the meaning assigned to the words
in the Constitution;
“judge” has the meaning assigned to the word in the
Constitution;
“Judicial Service Commission” means the Judicial Service
Commission established under the Constitution;
“motor vehicle” has the meaning assigned to the words in the
Road Traffic Act;
“political party” has the meaning assigned to the words in the
Constitution; and
“Supreme Court” means the Supreme Court established under
the Constitution. 4.

l party” has the meaning assigned to the words in the
Constitution; and
“Supreme Court” means the Supreme Court established under
the Constitution. 4.

(1) A former Chief Justice shall be entitled to a—
(a) tax-free monthly salary at the rate of eighty percent of
the emoluments of the incumbent Chief Justice;
(b) house built or bought in the Republic by the Government
at a place of choice of the former Chief Justice or in
lieu of the house, a one-off cash payment equivalent to
forty percent of the one-off cash payment paid to a
former President under the Benefits of Former
Presidents and Former Vice-Presidents Act, 2026;
(c) one driver and one motor vehicle;
(d) free maintenance of the vehicle referred to under
paragraph (c) and fuel for the vehicle as the Judicial
Service Commission may determine; and
(e) the other benefits set out in the First Schedule. (2) The one-off cash payment referred to under subsection
(1)(b) shall be used to build or buy a house in the Republic at a
place of choice of a former Chief Justice. Cap.464
Benefits of
former Chief
Justice
Act No. 16 of
2026
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Benefits of Former Chief Justice
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nefits of
former Chief
Justice
Act No. 16 of
2026
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Cap.1
Cap.1
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Benefits of Former Chief Justice
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(3) A surviving spouse and child of the family of a former
Chief Justice shall, where the former Chief Justice who is entitled
to the benefits referred to under subsection (1) dies while in, or
after vacating, office be entitled, jointly, to—
(a) the house built or bought in the Republic by the Government
at a place of choice of the surviving spouse, if the house
referred to under subsection (1)(b) is not built or bought
for the former Chief Justice; and
(b) a tax-free monthly pension at the rate of fifty per cent of
the emoluments of the incumbent Chief Justice. (4) Where a former Chief Justice dies while in, or after
vacating, office, the benefits referred to under —
(a) subsection (1)(a),(c),(d) and (e), shall not form part of
the estate of the former Chief Justice; and
(b) subsection (1)(b), shall form part of the estate of the
former Chief Justice. 5. Subject to the Intestate Succession Act, a surviving spouse
of a former Chief Justice who remarries shall cease to be entitled
to the benefits referred to under section 4(3). 6.

ccession Act, a surviving spouse
of a former Chief Justice who remarries shall cease to be entitled
to the benefits referred to under section 4(3). 6.

(1) The benefits of a former Chief Justice referred to under
section 4 shall not be paid or provided, if the former Chief Justice—
(a) is in receipt of a salary from the Government;
(b) is engaged in active politics;
(c) vacates office on the grounds of a violation of the
Constitution or gross misconduct; or
(d) is convicted of an offence under a written law and
sentenced to imprisonment for a term exceeding six
months without an option of a fine. (2) Despite subsection (1), the benefits of a former Chief
Justice referred to under this Act shall, in the case of —
(a) paragraph (1)(a), become payable or be provided if the
former Chief Justice ceases to be in receipt of a salary
from the Government, except where the former Chief
Justice continues to hold office as a judge of the
Supreme Court or Constitutional Court in accordance
with Article 142(3) of the Constitution; or
Benefits of
former
Chief
Justice on
remarriage
of
surviving
spouse
Cap. 59
Circumstances
when
benefits not
payable or
provided
Cap. 1
Benefits of Former Chief Justice [No. 71 of 2026 767

remarriage
of
surviving
spouse
Cap. 59
Circumstances
when
benefits not
payable or
provided
Cap. 1
Benefits of Former Chief Justice [No. 71 of 2026 767

(b) paragraph (1)(b), not become payable or be provided if
the former Chief Justice ceases to be engaged in active
politics.
(3) Despite subsection (1)(b) and (2)(b),the house referred to
under section 4(1)(b) shall be retained by a former Chief Justice
where the former Chief Justice engages in active politics or ceases
to be engaged in active politics.
7. The benefits referred to under this Act shall be a charge on
the Consolidated Fund.
8. The benefits that are due to a former Chief Justice who
served prior to the commencement of this Act shall remain valid.
Benefits to
be charge on
Consolidated
Fund
Transitional
provisions
Benefits of Former Chief Justice768 No. 71 of 2026]

SCHEDULE
(Section 4(1))
OTHER BENEFITS FOR FORMER CHIEF JUSTICE
1. Diplomatic passport for the former Chief Justice and spouse.
2. Medical insurance for the former Chief Justice and spouse.
3. Foreign travel of up to one trip per annum.
4. Local travel of up to one trip per annum.
5. Twenty-four hours security service comprising two security officers.
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