Kapalasa cannot asses judges competence based on Judiciary website – State

Kapalasa cannot asses judges competence based on Judiciary website – State

THE State has argued that former Katuba constituency member of parliament Bampi Kapalasa cannot rely on the judiciary website to base his argument that Constitutional Court judges are inept in interpreting the constitution and matters bordering on human rights.

It says Kapalasa’s reasoning is wrong as the website does not show the qualifications of the judges.

Kapalasa petitioned the State in the Constitutional Court, seeking order nullifying the appointment of all judges of the Constitutional Court excluding the judge President professor Margaret Munalula.

He wants the Court to declare that all judges of the Constitutional Court, with the exclusion of the Judge president,on their dated of appointment as judges of the constitutional Court, did not have speclised training or experience in human rights or Constitutional law.

Kapalasa wants an order nullifying or reversing all decisions delivered by the judges of the the Constitutional Court, as the said decisions were delivered by judges who do not qualify to hold office of judge of the Concourt and were not competent to deliver the judgements.

He is also seeking an order among others directing all judges of the constitutional Court with the exclusion of the Judge president, to vacate office for failing to meet the the requirements of Article 141(b) and 141(2) of the constitution of zambia Chapter 1 volume 1 of the laws of Zambia as amended by the constitution of Zambia (amendment) Act no.2 of 2016 of the laws of Zambia.

In his petition Kapalasa argued that all the persons appointed to be judges of the constitutional Court with the exclusion of the judge president do not qualify to be appointed and hold or maintain their respective appointments as judges of the Concourt.

“They do not satisfy the requirement of article 141(b) and 141(2) if the constitution cap 1 volume 1 of the laws of Zambia as amended by the constitution of Zambia (amendment) Act no.2 of 2016, of the laws of zambia as they do not have specialised training or experience in human rights or Constitutional law as they do not have Masters Degrees in Human Rights or Constitutional law and the same has to be declared unconstitutional,” he said.

In its answer to the Petition sworn by Rodgers Kaoma deputy secretary of the Judicial Complaints Commission, the State said the appointment system of Judges ensures transparency and meeting the required criteria by requiring ratification by National Assembly pursuant to Article 140 as read with Article 220 (2)(b) of the Constitution.

Kaoma said the appointment process for all Judges serving in the Constitutional Court was duly followed as provided for under the Constitution of Zambia.

He said the Judges serving i n the Constitutional Court of Zambia went through the full
vetting process and their names were duly ratified by Parliament.

“ The Judges of the Constitutional Court possess the relevant specialised training
or experience i n human rights o r constitutional law as required under Article 141(1)(b) of t h e Constitution,” Kaoma said.

The issues regarding the interpretation of specialised training and experience in human rights or constitutional law raised by the Petitioner were dealt with by this Honourable Court under cause number 2023/CCZ/005 and as such is res-judicata.

He prayed that the petition be dismissed.

Kalemba January 6, 2025.