“According to a 1974 Department of Justice opinion concerning President
Richard Nixon’s resignation from office, a President who resigns before his
official term of office expires may be entitled to the same lifetime pension
and benefits that are authorized for Presidents who complete their term. A
President who is removed from office by impeachment, however, may
forfeit his pension and related benefits.”
Similarly, in a report prepared by the Ministry of Interior and Kingdom relation of
the Government of Netherlands, the entitlement of the Executive and political
appointees after resignation is captured as follows:
“Members of the executive are accountable to the municipal council for
their decisions. Portfolio holders are sometimes made to resign if the
council thinks they are not doing their work properly. They may also have
to resign if their party loses so many seats in an election that it is no longer
represented in the executive. In that case, they will resign once the new
executive has been appointed. Former members of the executive are
entitled to a benefit under the General Pensions (Holders of Political Office)
Act, regardless of the reason for their resignation.”
41.The case of the Applicant is further strengthened by the continued renewal of his
diplomatic passport one of the benefits provided for in Section 1 (6) of The
Retirement Benefit Act which states that former member shall be entitled to:
“Appropriate diplomatic, protocol, accommodation, courtesy and
facilities, and;”
The Applicant in substantiating his case , attached to his plea a copy of his current
Diplomatic Passport issued on 24/4/2017 with expiry date at 23/4/2019. The act
of the Respondent in according the Applicant the privileges of diplomatic courtesy
provided for in The Retirement Benefit Act by issuing a diplomatic passport puts
him out as a former Vice chairman of the Transition Council. The question to ask is
whether following from such show, Applicant can be estopped from claiming the
rights accruable from such status?
In the instant case, possession and usage of a diplomatic passport is one of the
retirement entitlements of a former member of the transitional council. The
passport was not cancelled after his resignation rather it was consistently renewed
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