JCC URGED TO HALT PROCEEDINGS AGAINST THREE SUSPENDED CONCOURT JUDGES

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JCC URGED TO HALT PROCEEDINGS AGAINST THREE SUSPENDED CONCOURT JUDGES

By Michael Kaluba

The Zambia Civil Liberties Union -ZCLU is concerned about the recent suspension of three constitutional court judges who ruled against President Hakainde Hichilema and his running mate in the 2016 presidential election petition.

Despite being cleared of misconduct by the Judicial Complaints Commission -JCC in 2017, the judges are now under investigation for the same alleged incompetence and misconduct.



ZCLU Executive Director Isaac Mwanza has argued that reopening the case violates the principle of res judicata, exposing the judges to double jeopardy and undermining judicial independence, particularly in cases that may affect those in executive power.

Mr Mwanza says his organization is troubled by the selective suspension of only the judges who ruled against President Hichilema, while Judge President Munalula, who dissented, remains unaffected, raising questions about impartiality.

He has since called on the commission to halt proceedings against the three judges, withdraw its recommendation, and issue an apology to the president for the embarrassment this case is causing administration.

PHOENIX NEWS

6 COMMENTS

  1. What did Judge Munalula desent in her judgement? An which Judgement has caused the 3 Judges to be suspended?
    When people who want to be critical are vague. Know that they just want to make noise and draw attention. When was Judge Munalula appointed to the Constitutional Court? When was the judgement that led to the 3 adjudicators done? Lets remember that ECL has had his nomination brought to question several times. And these Juges are being suspended on the basis of a particular case and their improriety towards that as cited in the complaint.

  2. What did Judge Munalula desent in her judgement? An which Judgement has caused the 3 Judges to be suspended?
    When people who want to be critical are vague. Know that they just want to make noise and draw attention. When was Judge Munalula appointed to the Constitutional Court? When was the judgement that led to the 3 adjudicators done? Lets remember that ECL has had his nomination brought to question several times. And these Juges are being suspended on the basis of a particular case and their improriety towards that as cited in the complaint.

  3. Mwanza is just a PF cadre not a lawyer to understand meaning of “Res-Judicata”. The three Judges have an opportunity to exculpate themselves before the JCC and do not need Mwanza who is not their Counsel and has no locus-standi to represent any one before Court.

  4. Mwanza is just a PF cadre not a lawyer to understand meaning of “Res-Judicata”. The three Judges have an opportunity to exculpate themselves before the JCC and do not need Mwanza who is not their Counsel and has no locus-standi to represent any one before Court.

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