An Open Letter to President Hakainde Hichilema
Subject: Concerns Over Judicial Independence and Executive Influence
Dear President Hakainde Hichilema,
Today, I write with a heavy heart and a deep sense of vindication. For a long time, many of us have speculated that your administration has been exerting undue influence over the judiciary. Today, however, our suspicions appear to have been confirmed after reading the Daily Nation newspaper dated Friday, 29th November 2024. The screaming headlines quoted you making a self-confession that you have changed court rules—a revelation that cannot go unchallenged.
Could this admission be the reason why the Constitutional Court, which is supposed to serve as the court of finality, has inexplicably reopened the eligibility case of former President Dr. Edgar Chagwa Lungu? Despite the court having ruled on this matter more than three times, with no new evidence brought forth—except claims from your ally, Chizombe Michelo—the case has been revived.
Could this also be the reason why the Director of Public Prosecutions (DPP) has been compensating UPND officials and cadres whose cases have been dismissed on nolle prosequi? When cases are dismissed on nolle prosequi, it simply means that the case has not reached finality or closure—it can be restarted when need arises. Yet, we have witnessed your officials being compensated despite their cases being dismissed in this manner.
Could this explain why all your perceived political opponents are being taken to court on trumped-up charges while high-profile cases involving UPND members, such as the gold scandal at the airport, are either delayed, dismissed, or resolved in their favor? This particular case, which implicated one of your allies, raised eyebrows not only for its content but for the decision to have the hearing held on camera, shielded from public scrutiny. Such actions suggest a deeply troubling trend: a judiciary that serves partisan interests rather than upholding justice and the rule of law.
Further, the perception of selective justice under your administration has extended to cases where opposition leaders and their associates face swift and relentless prosecution, while questionable activities by members of your government are ignored or resolved discreetly. The dismissal of cases involving government contracts, resource mismanagement, and questionable procurements has led many to question whether the judiciary operates under double standards.
Mr. President, is the judiciary not meant to operate independently of the executive? The separation of powers is a cornerstone of our democracy, ensuring that no branch of government wields undue influence over another. Yet, your confession raises serious doubts about whether this principle is being upheld under your administration. Your role in altering court rules suggests a deliberate effort to interfere in judicial matters, eroding the independence of the judiciary.
Mr. President, you swore an oath to protect the Constitution, which mandates that the three arms of government—executive, legislative, and judiciary—must work independently. So, why should you be the one to change rules in the courts? How can you reconcile this with your constitutional duty to uphold the separation of powers?
The implications of these actions are grave. If the judiciary cannot operate impartially and independently, how can the Zambian people trust that justice is being served? How can we have faith in the integrity of our democratic institutions when one arm of government appears to be systematically dismantling another?
Zambia’s democracy is at a critical juncture. Mr. President, your actions today will define your legacy. Will you be remembered as a leader who upheld the rule of law and protected our democratic institutions, or as one who compromised them for political gain? The Zambian people are watching. The world is watching.
We demand transparency, accountability, and an unwavering commitment to the principles of justice, fairness, and democracy. This starts with clarifying your role in these judicial changes and ensuring that the judiciary remains independent and impartial, free from any form of executive control.
It is time for you to act decisively and demonstrate your commitment to the democratic ideals upon which this nation was built. Zambia’s future depends on it.
Yours sincerely,
Thandiwe Ketis Ngoma