News / National
Zambian president capturing the Judiciary?
22 Oct 2024 at 08:56hrs | Views
Zambia's President Hakainde Hichilema has now sacked three top judges he previously suspended over alleged judicial misconduct, drawing further accusations of political interference in the judiciary.
The three Constitutional Court judges presided over a presidential petition in 2016 in which they dismissed Hichilema's challenge against the election victory of former President Edgar Lungu.
They also took part in a controversial ruling allowing Lungu to stand in the 2021 elections, despite having twice served as Zambia's president.
Their dismissal comes after they lost a court application for a review of a judicial panel's decision recommending their suspension.
On Sunday evening, a statement released by the presidency said they had been "removed with immediate effect" following a recommendation by the Judicial Complaints Commission (JCC).
"The removal of the judges is in exercise of the powers vested in the President under [the Zambian constitution]," it said.
The three judges – Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda – have not publicly commented on the matter.
The JCC had investigated them over allegations of gross misconduct following a complaint by Moses Kalonde, a private citizen.
Last year, the JCC rejected a complaint from lawyer Joseph Busenga, who had petitioned for the removal of the three judges, alleging that they had mishandled the 2016 election petition.
There has been mixed reactions to the dismissal of the judges.
Political tensions have been in rising in Zambia ahead of elections in 2026, when Hichilema and Lungu are expected to face each other for a fourth time.
Social and political commentator Laura Miti says informed Zambians are split between those who feel this is a legal but self-serving move by the president and others who back him.
"My view is that the judges misbehaved spectacularly in the presidential petition in 2016. That being true this comes across as the president exacting revenge for their judgment which is highly concerning," she told the BBC.
But Makebi Zulu, Lungu's lawyer in the case, termed the move an "illegality" telling the BBC that "it was executive overreach aimed at interfering with the independence of the judiciary".
"No judge should be disciplined for carrying out their judicial function," he said.
Under Zambia's constitution, all judges, including the chief justice, are appointed by the president upon the recommendation of the Judicial Service Commission and with the approval of the National Assembly.
Academic Sishuwa Sishuwa says the "reality is that we will always have the problem of incompetent and unqualified judges as long as the process of appointment is led by the executive.
"It does not matter who is in power," he posted on X, external, adding that a "structured and broad-minded approach" is more beneficial than "targeted and individual changes".
The three Constitutional Court judges presided over a presidential petition in 2016 in which they dismissed Hichilema's challenge against the election victory of former President Edgar Lungu.
They also took part in a controversial ruling allowing Lungu to stand in the 2021 elections, despite having twice served as Zambia's president.
Their dismissal comes after they lost a court application for a review of a judicial panel's decision recommending their suspension.
On Sunday evening, a statement released by the presidency said they had been "removed with immediate effect" following a recommendation by the Judicial Complaints Commission (JCC).
"The removal of the judges is in exercise of the powers vested in the President under [the Zambian constitution]," it said.
The three judges – Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda – have not publicly commented on the matter.
The JCC had investigated them over allegations of gross misconduct following a complaint by Moses Kalonde, a private citizen.
Last year, the JCC rejected a complaint from lawyer Joseph Busenga, who had petitioned for the removal of the three judges, alleging that they had mishandled the 2016 election petition.
Political tensions have been in rising in Zambia ahead of elections in 2026, when Hichilema and Lungu are expected to face each other for a fourth time.
Social and political commentator Laura Miti says informed Zambians are split between those who feel this is a legal but self-serving move by the president and others who back him.
"My view is that the judges misbehaved spectacularly in the presidential petition in 2016. That being true this comes across as the president exacting revenge for their judgment which is highly concerning," she told the BBC.
But Makebi Zulu, Lungu's lawyer in the case, termed the move an "illegality" telling the BBC that "it was executive overreach aimed at interfering with the independence of the judiciary".
"No judge should be disciplined for carrying out their judicial function," he said.
Under Zambia's constitution, all judges, including the chief justice, are appointed by the president upon the recommendation of the Judicial Service Commission and with the approval of the National Assembly.
Academic Sishuwa Sishuwa says the "reality is that we will always have the problem of incompetent and unqualified judges as long as the process of appointment is led by the executive.
"It does not matter who is in power," he posted on X, external, adding that a "structured and broad-minded approach" is more beneficial than "targeted and individual changes".
Source - BBC News
