HH REMOVES 3 JUDGES FROM CONCOURT
October 20, 2024
President HAKAINDE HICHILEMA has with immediate effect, removed Judge ANNE SITALI, Judge MUNGENI MULENGA and Judge PALAN MULONDA from their offices as Judges of the Constitutional Court of Zambia.
This follows the recommendation in the report presented to him by the Judicial Complaints Commission.
The removal of the said Judges is in exercise of the powers vested in the President in Article 143 (b) and (c) of the Constitution of the Republic of Zambia.
This is according to a statement issued to ZNBC News by State House Chief Communications Specialist CLAYSON HAMASAKA.
A Zambian legal scholar working outside the country says the Zambian system for investigating and dealing with alleged judicial misconduct does not meet international and regional standards. He tells me that the international best practice is to treat complaints against judges with confidentiality during investigation and assessment but the hearing process is characterized by transparency and openness. The decision taken after hearing and investigating the complaint is made public and carefully explained. Justice is a public good but how can it be a public good if it’s not seen by the public?
Gunner in Zambia the concerns raised are valid and appropriate remedial measures should be recommended. It’s also necessary to seriously look into how judges are appointed in the first place. When the Concourt judges were appointed sentiment was that these judges were not qualified enough to sit on the Bench. That was already a REPUTATIONAL DAMAGE. It tainted their decisions as those who did not agree with the judgements would quickly question their competence.
The procedure has been followed appropriately and the majority of people of Zambia are satisfied.Different individuals have reasons as to why the three judges must be removed.”Ki tato ya sichaba sa naha ya Zambia” Lozi meaning it is the will of the people of Zambia.The complaints have been heard over a long period of time and justice has prevailed.People who are appointed to work for the people must adhere to the principles of their work by following the details of the ethics prescribed there in without fear or favour no plus or minus.The scale must balance accordingly and no room for suspicion and doubt.Trust must be in people and fairness in adjustors.The good of justice is for us all.Justice delayed is justice denied period.
The established due process of the law was followed in this case. That is the system we set for ourselves to hear misconduct of Judges. It has the hallmarks of fair play.
Some of the rulings of the Constitutional Court since its inception have raised eyebrows. The unfortunate part is that Mr. Lungu’s PF packed the courts with their cadres as was stated in their manifesto. In case some people are not aware, one of the fired judges was woken up in the wee hours of the morning to facilitate filing of some documents which ensured Mr. Lungu was installed as PF President over Mr. Miles Sampa in 2015 after Mr. Sata’s demise. For the effort, the judge was rewarded with a position on the Constitutional Court bench.
When the Constitutional Court judges were appointed by Mr. Lungu, Mr. John Sangwa SC, the Constitutional Law lawyer, opposed the appointments on the grounds that the appointees didnot meet the office requirements as per our constitution. He argued his case in detail in the public domain and todate, no one has disputed his assertions.
The ruling regarding the Presidential election petition in 2016 was another that raised concerns. The court on, a Friday, informed the public that they would start hearing the case on Monday only to backtrack and announce that time had ran out to hear the case. The surprising thing was that the PF lawyers who included Mr. Sakwiba Sikota if I recall correctly, didnot even bother to go to the courts insisting that time to hear the case had lapsed.
As if this was not enough, the same court ruled that Mr. Lungu qualified for a third term attempt after Mr. Lungu himself warned the Constitutional Court judges not to be adventurous and emulate their Kenyan counterparts after the court in Kenya nullified the election of the sitting president, Mr. Uhuru Kenyatta. As backup, PF cadres had camped near the Supreme Court grounds drinking beer just to drive the point home.
The conduct of the Constitutional Court has been disappointing to say the least. It has caused our nation a lot of heart ache. The Bible says, “The sins of some men are obvious reaching the place of judgement ahead of them. The sins of others trail behind them” (1 Tim 5:24, NIV).
The judicial system in Zambia needs complete overhaul. The Chief Justice has a monumental task before him. Under PF, the judiciary was reduced to an extention of the party, like everything else. Their corruption was pervasive, no institution was spared, including the mighty Catholic Church.