Judicial Imbalance – Analyzing Sishuwa’s Article on Cherry-Picking of Judges
By Daimone Siulapwa
In agreeing 100% with Sishuwa Sishuwa’s observations, his analysis exposes potential imbalances in Zambia’s judicial system.
The need for transparency, diversity, and fairness in case allocation is paramount, especially when the stakes involve the fate of democracy and the political landscape of our dear country Zambia.
In his thought-provoking analysis (Are Judges being Cherry-picked to hear PF cases?), Sishuwa Sishuwa questions and rightly so, the allocation of judges to cases involving the State-supported Miles Sampa and the main opposition Patriotic Front.
He furthermore raises significant questions about the current impartiality and transparency of Zambia’s legal system.
The trend of assigning Lozi-speaking judges, such as Timothy Katanekwa, Situmbeko Chocho, Kenneth Mulife, and Sililo Siloka, to handle these pivotal cases is undeniably striking.
Sishuwa’s scrutiny explores into whether this pattern is mere coincidence or a calculated move to influence the outcomes of these politically charged cases.
The shared semantic and provincial backgrounds of these judges, coupled with their recent appointments by President Hakainde Hichilema in 2023, adds an intriguing layer to the analysis.
Sishuwa provocatively questions the qualification criteria that seemingly exclude judges from other ethnic groups, such as Bemba-speaking judges or those from Eastern Province, from handling PF-related matters.
This raises concerns about whether there is an implicit bias against judges from certain ethnic backgrounds, potentially impacting the perceived impartiality of the legal process.
The author’s focus on the failure of Judge Charles Zulu and Deputy President of the Constitutional Court, Mweetwa Shilimi, to diversify case allocations intensifies the inquiry.
With experienced judges from different ethnic groups available, the apparent oversight raises eyebrows and demands an explanation.
The article emotionally points out the significance of these cases to Zambia’s democracy and party system, underscoring the need for a fair and unbiased legal process.
Sishuwa challenges the status quo by asking whether judges from the Zambezi region, the President’s home region, are perceived as more likely to rule in favor of President Hichilema.
As political analysts and a good governance activist, it is our duty to scrutinize and question such patterns, ensuring the preservation of democratic principles in Zambia.
Daimone Siulapwa is a political analyst, an advocate for tribal unity and Citizen Economic Empowerment. Send your comments to dsiulapwa@gmail.com
Useless author, Demon Siulapwa! Who were the judges in the Presidential Appeal case in 2016? Were they not all apoointed by Lungu and yet we didn’t cry foul when they left the case half undecided. Were they not the same judges Kevin Fube had to wake up in the middle of the night to sign papers?
Those were typical Lungu sympathising Judges but the UPND did not raise such divisive complaints and we left it there.
Why raise such stupid questions now? Let us push such foolishness into Sishuwa and Demon’s Arses where the shit belongs!!
If this is the thinking then no wonder in 2021all but one judges of the Constitutional Court ruled in favour of someone to go for an unconstitutional third term. He who feels it knows it.