LUSAKA, Zambia
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 said.
But Makebi Zulu, Lungu’s
lawyer in the case, termed the move an "illegality" telling journalists 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, adding that a "structured and broad-minded approach"
is more beneficial than "targeted and individual changes".
No comments:
Post a Comment