For How Long Will the Constitutional Court Be Used to Drive President Hakainde Hichilema’s Agenda?
By Thandiwe Ketis Ngoma
The Zambian Constitutional Court was established to be a guardian of justice, ensuring the Constitution stands above political influence and personal ambition. Unfortunately, under the United Party for National Development (UPND) government, this noble vision is crumbling. Increasingly, the Court appears to function as a weapon of political engineering, manipulated to protect and advance President Hakainde Hichilema’s grip on power. This dangerous erosion of judicial independence is a threat not just to the integrity of Zambia’s legal system, but to the very survival of democracy itself. How much longer will this misuse of judicial authority continue before irreversible damage is done?
The Eligibility Case: Judicial Integrity in Tatters
The Constitutional Court’s integrity came under intense scrutiny when it inexplicably revisited the eligibility of former President Dr. Edgar Chagwa Lungu, despite having already ruled on the issue four times. Each ruling affirmed that Dr. Lungu was constitutionally eligible to contest future elections. Yet, without introducing any new legal basis or compelling evidence, the court overturned its previous decisions and declared him ineligible to run in 2026.
This blatant reversal did more than contradict legal precedent—it exposed the court’s troubling willingness to bend to political pressure. President Hichilema’s effusive praise of the ruling as “the best judgement ever” only confirmed the political nature of the outcome. The question that lingers is simple: How can a judgment that undermines its own foundations be celebrated as a victory for justice? It cannot—unless justice has been replaced by political expediency.
Cabinet Ministers Case: A Dangerous Precedent of Reversal
If the eligibility case raised alarms, the Constitutional Court’s decision to entertain yet another politically charged petition only deepens concerns. In 2016, the court boldly ruled that PF Cabinet and Provincial Ministers remained in office illegally after Parliament was dissolved. The judgment, hailed as a victory for constitutionalism, required these ministers to repay the salaries they wrongfully earned.
Now, under a cloud of political influence, the same court is poised to revisit this landmark ruling. The petition brought forward by Lusaka lawyer Miza Phiri Jr. challenges the court’s previous interpretation of Articles 29 and 30 of the Constitution. As with t
Dr Lungu’s eligibility case, this maneuver appears to follow a familiar playbook: use a legal petitioner to orchestrate a predetermined reversal. The real intent is transparent—to whitewash inconvenient decisions and align the court’s rulings with UPND interests.
Should the court succumb, it will deliver another self-inflicted wound, confirming that its role has shifted from arbiter of justice to enforcer of political will. Judicial credibility will be damaged beyond repair, and the rule of law will suffer yet another grave setback.
Executive Overreach and the Collapse of Justice
The manipulation of the Constitutional Court is emblematic of a broader trend: the creeping encroachment of executive power over state institutions. When the judiciary no longer serves as a check on political authority, democracy becomes a hollow shell. Today, it is Dr. Lungu’s eligibility. Tomorrow, it could be a ruling that extends presidential term limits or erodes electoral freedoms. The machinery of authoritarianism begins with the subversion of law, and Zambia is dangerously close to that precipice.
Cry, My Beloved Zambia
The systematic use of the judiciary to advance political agendas marks a betrayal of the Zambian people’s trust. The courts must remain independent arbiters of justice, not tools for partisan retribution or personal gain. The eligibility debacle and the looming reversal of the Cabinet Ministers decision should sound a national alarm. This is no longer a question of PF versus UPND—it is a question of whether Zambia will remain a free and democratic nation.
When courts lose their independence, democracy crumbles. Free expression is silenced, dissent is criminalized, and corruption runs rampant. Judicial manipulation is not just a legal travesty—it is a gateway to tyranny.
A Leader Obsessed with Power
President Hichilema ascended to office promising transparency, justice, and democratic reform. Yet, his administration’s actions reveal an unsettling reality: the systematic targeting of political opponents, suppression of dissent, and subjugation of the judiciary. Far from the reformer he pledged to be, Hichilema now appears as a leader intent on consolidating his hold on power at all costs. The Constitutional Court, once a pillar of hope, has been reduced to a mechanism for political domination.
This is not a partisan critique—it is a call to defend democracy itself. If Zambians allow the courts to be commandeered, the erosion of civil liberties and democratic norms will soon follow.
Conclusion
Zambians must rise to the occasion and demand an independent judiciary. The Constitutional Court must be reminded of its sacred duty to the law and the people—not the whims of those in power. The longer this abuse persists, the harder it will be to restore the rule of law and public confidence in the justice system.
Our democracy stands at a crossroads. The survival of our freedoms depends on collective courage and the resolve to speak truth to power. Let this not be the moment in history where justice surrendered to political ambition. Let it be the turning point where Zambians reclaimed their democracy and reminded the Constitutional Court of its true mandate: to uphold justice, not serve political agendas.