23rd October 2024 3:38:10 PM
3 mins readZambia's President Hakainde Hichilema has dismissed three high-ranking judges he had previously suspended for alleged judicial misconduct, leading to renewed allegations of political interference in the judiciary.These judges from the Constitutional Court were involved in a presidential petition in 2016, where they rejected Hichilema's challenge against the election victory of former President Edgar Lungu.
They also participated in a contentious ruling that permitted Lungu to run in the 2021 elections, even though he had already served two terms as Zambia’s president.Their removal follows their unsuccessful attempt to appeal a judicial panel's recommendation for 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.
*I'm facing consequences of returning to politics - Lungu*Zambia corruption: President Hichilema fires entire anti-graft boardThe 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, adding that a "structured and broad-minded approach" is more beneficial than "targeted and individual changes".
Responding to the debate on Monday evening, the presidency said the decision was in "no way a political decision", adding that the president was "bound by the constitution to follow" the JCC recommendations."The JCC found evidence of gross misconduct by the justices and President Hichilema followed all due process in removing them,” State House Chief Communication Strategist Whitney Mulobela said in a statement.
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