SUSPENSION OF CONSTITUTIONAL COURT JUDGES REVEALS FLAWS IN ZAMBIA’S JUDICIAL REMOVAL PROCEDURES, CIVIL SOCIETY GROUPS CALLS FOR REFORM
The suspension of three Constitutional Court judges has exposed glaring weaknesses in Zambia’s current judicial removal procedures. While intended to ensure accountability, the suspension of judges can appear politically motivated, particularly where transparency is lacking. The lack of transparency in the process raises serious concerns about fairness, undermines public confidence in the judiciary, and threatens the rule of law. The current system fails to ensure accountability and fosters suspicion of political interference.
Transparency is vital to safeguarding the integrity of the justice system. Judicial removals must be based on objective, open, and transparent procedures that are free from political manipulation. A process that is open to public oversight strengthens trust and ensures that decisions are made in the public interest.
While we support the principle of security of tenure for judges to safeguard their independence, this protection must coexist with strong accountability measures. Security of tenure should never become a barrier to addressing misconduct. Judges must be held to the highest standards of integrity and professionalism, and any removal process must uphold justice in both substance and appearance. Fair hearings, clear procedures, and consistent application of the law are essential to maintaining judicial credibility.
The current mechanism for removal of judges, where the President appoints members of the judicial Complainants Commission, who then make recommendations to the President is deeply flawed. Although the appointments of the Judicial Complainants Commission are subject to National Assembly ratification, this does not guarantee merit-based, objective selections for members of the Commission. The system lacks independent oversight and is vulnerable to bias and political pressure. Public hearings and a more transparent appointment process for judges and members of the Judicial Complainants Commission are urgently needed to rebuild trust in our judicial system. We call on the government and all other stakeholders to collaborate in reforming Zambia’s judicial removal (and appointment) procedures set out in the Constitution and other laws. We believe that transparency, fairness, and adherence to the rule of law must be at the forefront of these reforms to ensure the integrity of the judiciary. Only through comprehensive and open reform can we restore public confidence in the justice system and ensure that judicial accountability is both fair and transparent.
Signed:
Josiah Kalala
Chapter One Foundation
Executive Director
For and on behalf of:
Alliance for Community Action, ActionAid Zambia, Alliance for Accountability Advocates Zambia
