Mr Hichilema is destroying this country. Time will tell!- Fred M’membe 

SUSPENSION OF THREE CONSTITUTIONAL COURT JUDGES

Mr Hakainde Hichilema’s suspension of Constitutional Court justices Anne Mulenga Sitali, Mungeni Mulenga, and Palan Mulonda yesterday caught the nation by surprise, and raises some very serious questions requiring honest answers.

But whatever deficiencies, weaknesses, or illnesses they are trying to cure by suspending and eventually removing the three judges for their decision in the 2016 presidential election petition of Mr Hichilema, they are actually introducing much bigger and more complicated deficiencies, weaknesses and illnesses in our judiciary.

Suspending or removing a judge for a wrong decision does not serve as a panacea for any deficiencies, weaknesses, or illnesses that are being faced by the judiciary. In fact, such reckless proceedings against judges only lower the morale, integrity, and independence of the judiciary.

The law is clear, judges may be subjected to disciplinary action for wrong judgment only if there is definite evidence of extraneous considerations.

The complaint against the three judges has been brought up before the Judicial Complaints Commission (JCC) by different individuals, most of whom are UPND sympathizers, more than eight times since 2016. These petitioners include Mr Douglas Syakalima (the current Minister of Education), Mr Dante Sanders (UPND sympathizer), Mr Charles Longwe and Mr Joseph Busenga, Mr Hichilema’s appointee as First Secretary Legal ( a position that is not common in our embassies) at the Zambian Embassy in Belgium, among many others.

All the petitions since 2016 were outrightly rejected by the Judicial Complaints Commission. Until Mr Moses Kalonde, submitted a fresh petition for the ninth time, not so long ago. And yesterday, the three judges were summoned by the new JCC members who were recently appointed by Mr Hichilema, to hear the matter. When the judges’ lawyer raised a preliminary matter, the JCC panel dismissed it, and quickly decided that the three judges be suspended, and subsequently wrote to the President, and State House announced the suspension to the country at supersonic speed.

The question is: when did the Commission decide to hear Mr Kalonde’s complaint and why? And why is the Commission in such a hurry to conclude the matter, with Mr Edgar Lungu’s eligibility case coming up before the Constitutional Court in a few days time?

Would one therefore, be wrong to conclude that this decision is certainly connected to the case of Mr Lungu’s eligibility to contest presidential elections in 2026, that is currently before the Constitutional Court?

The timing of this raises a lot of legitimate questions. This is a terrible miscalculation and recklessness of gigantic scale on the part of the JCC and the Executive. And whoever is behind this, doesn’t love this country at all.

In fact, most of the petitioners in this case are linked to Mr Hichilema and the UPND. What does this show? Some have even been appointed in government positions, is this a reward for bringing up the complaint against the three judges?

A very dangerous precedent is being set. And the bells today tolling for these three judges, if not stopped, will tomorrow toll for many more judges in the not so distant future.

This action doesn’t increase the independence of the judiciary; it undermines the credibility and independence of the judiciary.

The integrity, credibility, and independence of our judiciary are being sacrificed on the altar of Mr Hichilema’s political expediency. When institutions like the judiciary lose integrity, credibility, and independence, lawlessness ensues in the country.

Mr Hichilema is destroying this country. Time will tell!

Fred M’membe
President of the Socialist Party