Article 141 (1)(b) of the Constitution of Zambia states – ‘ A person qualifies for appointed as a judge (of the Constitutional Court) if that person is of proven integrity and has been a legal practitioner for at least 15 years and has specialized training or experience in human rights or constitutional law’
This law is very straight forward to interpret even for the layman on the street, only 2 requirements which BOTH MUST BE MET ;
1:Must have been a legal practitioner for at least 15 years.
2: Must have specialized training or experience in human rights or constitutional law.
Do our constitutional court judges meet this criteria?
Let’s look at some of them one by one ;
JUSTICE HILDAH CHIBOMBA – CON COURT PRESIDENT
She practiced law as a legal practitioner for only 4 years, she therefore fails the test for appointment to the constitutional court.
She also failed to provide evidence in her CV of experience or training in the areas of human rights or constitutional law.
PALAN MULONDA
Served as a legal practitioner for less than 15 years, therefore does not qualify for appointment to the constitutional court. Also no evidence of training or experience in the areas of constitutional law and human rights.
MARGARET MUNALULA
This judge has never been a legal practitioner, and therefore does not qualify for appointment to the constitutional court.
ANNE MWEWA SITALI
Legal practitioner for 14 years, no training or experience in the areas of constitutional law or human rights.
MUNGENI MULENGA
Legal practitioner for only two years, no evidence of training or experience in the areas of constitutional law or human rights.
These are the issues that John Sangwa SC has been bringing out, he’s been trying to enlighten Zambians about this existing problem of unqualified judges on the constitutional court bench.
This is the reason why they are scared of him and want to ban him from practicing law.
These unqualified judges must be removed from the bench, they don’t meet the criteria set out by law.
