*Judiciary Under Siege: Musa Mwenye Warns of Rule of Law Crisis*
_By Michael Zephaniah Phiri, Political Activist_
Former Attorney General and past Law Association of Zambia (LAZ) President, Musa Mwenye, SC, has warned that Zambia’s democracy faces serious risks if government officials and Parliament continue to disregard judicial rulings.
In a wide-ranging interview with Ambassador Emmanuel Mwamba, Mwenye described as “a dangerous red flag” suggestions that Constitutional Court judgments could be ignored in relation to Bill 7.
“It is unacceptable under any circumstances for any arm of government to say a court judgment will not be observed,” he said. “Every official and every citizen is only one step away from needing the protection of those same courts. To disregard them undermines the very foundation of our democracy.”
Mwenye said his hope was that Speaker of the National Assembly, Nelly Mutti, SC, had been misquoted in remarks suggesting Parliament could disregard the Constitutional Court ruling on Bill 7.
He recalled working with her during her time in civil society, when both campaigned to defend constitutionalism in Malawi.
“I cannot imagine any situation where the Speaker would advocate ignoring a court judgment,” he said. “The courts are the ultimate safeguard, even for those in power today who may be out of favour tomorrow.”
The senior lawyer also criticized a growing trend in legislation emerging from the Ministry of Justice, citing the proposed NGO Act and the Cybersecurity Law as examples of measures that risk narrowing democratic space.
“We must enhance democracy, not regress,” he stressed. “The Constitution requires that the President annually account for how directive principles, including the advancement of democracy, are being observed. Zambia is a plural society, and our laws must reflect that.”
On the recent Superior Courts Law, which expanded the number of judges in the Constitutional Court, Supreme Court, and High Court, Mwenye cautioned that while addressing workload is valid, the recruitment process must be based on merit and transparency.
“Appointments to the bench should inspire confidence and protect rights,” he said. “Other African countries hold public interviews for judges so that the process is transparent. We should move in that direction.”
Mwenye concluded with a stark warning: Zambia’s democratic future depends on safeguarding judicial independence and respecting the rule of law. Ignoring court rulings or politicizing judicial appointments, he said, would set the country on a path of democratic backsliding.
The ConCourt guided that wider consultation is required. This is what government is doing. Where is the attack on the judiciary here? Stop being champions of items that are works in progress.
Fugitive Bwamba will demonise anything so that his application for asylum stays on the table. The chap is a coward who can not take responsibility for his actions and has resorted to playing the everlasting victims.
Yes, Musa Mwenye, the erstwhile chairman of the Anti-Corruption Commission who forgot that his role was more about fighting corruption at investigational and prosectorial level than talking about it to the media. As a result, he ended up doing more talking to the media as ACC chair than ensuring that the organisation was fighting corruption. As former solicitor-general and attorney-general and not former MP, he was expected to do more fighting than talking. What is he talking about now? Has the way members of the bench are sought and appointed changed since his time as government’s chief legal advisor?
The process used to come up with Bill 7 was unconstitutional. Bill 7 is a product of an unconstitutional process…The Articles, clauses and all the contents of Bill 7 are a product of unconstitutionalism.
There’s no way, absolutely no way the product of an unconstitutional process can be washed to become Constitutional. It cannot happen.
Such can only happen in a Banana Republic…
Bill 7 is Dead.. completely Dead, and cannot be brought back on to the floor of Parliament. It’s like climbing a tree from the leaves. You already have a product, then you want to create the means? How?
Crooks Law?
Whoever dares to do so should be held in Contempt of Court, and impeachment proceedings should be commenced against such people.
I remember during fresher years at UNZA, missing a lab on determination of acceleration due gavity, 9.81 m per second squared, from the Pendulum swings..
and sitting pa level ku Africa, or was it international…and doing the timing so that you get the 9.81 value.
Ofcourse the Lecturer always knew the doctored figures , and Zeros were the results.
Crooks Law doesn’t work, especially on constitutional Reviews.
Why is it so difficult for Hakainde and his colleagues to just do the right thing?
Why should it always be Imingalato?