SUSPENSION OF THREE CONSTITUTIONAL COURT JUDGES
Mr Hakainde Hichilema’s suspension of Constitutional Court justices Anne Mulenga Sitali, Mungeni Mulenga, and Palan Mulonda yesterday caught the nation by surprise, and raises some very serious questions requiring honest answers.
But whatever deficiencies, weaknesses, or illnesses they are trying to cure by suspending and eventually removing the three judges for their decision in the 2016 presidential election petition of Mr Hichilema, they are actually introducing much bigger and more complicated deficiencies, weaknesses and illnesses in our judiciary.
Suspending or removing a judge for a wrong decision does not serve as a panacea for any deficiencies, weaknesses, or illnesses that are being faced by the judiciary. In fact, such reckless proceedings against judges only lower the morale, integrity, and independence of the judiciary.
The law is clear, judges may be subjected to disciplinary action for wrong judgment only if there is definite evidence of extraneous considerations.
The complaint against the three judges has been brought up before the Judicial Complaints Commission (JCC) by different individuals, most of whom are UPND sympathizers, more than eight times since 2016. These petitioners include Mr Douglas Syakalima (the current Minister of Education), Mr Dante Sanders (UPND sympathizer), Mr Charles Longwe and Mr Joseph Busenga, Mr Hichilema’s appointee as First Secretary Legal ( a position that is not common in our embassies) at the Zambian Embassy in Belgium, among many others.
All the petitions since 2016 were outrightly rejected by the Judicial Complaints Commission. Until Mr Moses Kalonde, submitted a fresh petition for the ninth time, not so long ago. And yesterday, the three judges were summoned by the new JCC members who were recently appointed by Mr Hichilema, to hear the matter. When the judges’ lawyer raised a preliminary matter, the JCC panel dismissed it, and quickly decided that the three judges be suspended, and subsequently wrote to the President, and State House announced the suspension to the country at supersonic speed.
The question is: when did the Commission decide to hear Mr Kalonde’s complaint and why? And why is the Commission in such a hurry to conclude the matter, with Mr Edgar Lungu’s eligibility case coming up before the Constitutional Court in a few days time?
Would one therefore, be wrong to conclude that this decision is certainly connected to the case of Mr Lungu’s eligibility to contest presidential elections in 2026, that is currently before the Constitutional Court?
The timing of this raises a lot of legitimate questions. This is a terrible miscalculation and recklessness of gigantic scale on the part of the JCC and the Executive. And whoever is behind this, doesn’t love this country at all.
In fact, most of the petitioners in this case are linked to Mr Hichilema and the UPND. What does this show? Some have even been appointed in government positions, is this a reward for bringing up the complaint against the three judges?
A very dangerous precedent is being set. And the bells today tolling for these three judges, if not stopped, will tomorrow toll for many more judges in the not so distant future.
This action doesn’t increase the independence of the judiciary; it undermines the credibility and independence of the judiciary.
The integrity, credibility, and independence of our judiciary are being sacrificed on the altar of Mr Hichilema’s political expediency. When institutions like the judiciary lose integrity, credibility, and independence, lawlessness ensues in the country.
Mr Hichilema is destroying this country. Time will tell!
Fred M’membe
President of the Socialist Party
Fred, your emotions seriously impede your rationality. You and Sangwa are now making the law profession a den of crooks, because of your lack of objectivity. I invite you to read and respond to Professor Muna Ndulo’s article, maybe that process will help ignite your brain to see reality. Just imagine how the combination of the lawyers, Lung, Sangwa and yourself are misrepresenting the law profession! You are a pathetic lot, with no shame!
Fred, your emotions seriously impede your rationality. You and Sangwa are now making the law profession a den of crooks, because of your lack of objectivity. I invite you to read and respond to Professor Muna Ndulo’s article, maybe that process will help ignite your brain to see reality. Just imagine how the combination of the lawyers, Lung, Sangwa and yourself are misrepresenting the law profession! You are a pathetic lot, with no shame!
Fred, your emotions seriously impede your rationality. You and Sangwa are now making the law profession a den of crooks, because of your lack of objectivity. I invite you to read and respond to Professor Muna Ndulo’s article, maybe that process will help ignite your brain to see reality. Just imagine how the combination of the lawyers, Lungu, Sangwa and yourself are misrepresenting the law profession! You are a pathetic lot, with no shame!
Fred, your emotions seriously impede your rationality. You and Sangwa are now making the law profession a den of crooks, because of your lack of objectivity. I invite you to read and respond to Professor Muna Ndulo’s article, maybe that process will help ignite your brain to see reality. Just imagine how the combination of the lawyers, Lungu, Sangwa and yourself are misrepresenting the law profession! You are a pathetic lot, with no shame!
Is the President expected to ignore recommendations made to him the JCC?
Is the President expected to ignore recommendations made to him the JCC?
When a junior civil servant is suspended, he or she doesn’t complain. What is so special with Judges? Are they blameless?
When a junior civil servant is suspended, he or she doesn’t complain. What is so special with Judges? Are they blameless?
Information is emerging that the three judges were handsomely bribed in dollars and not in kwacha. Is that not destroying the country? It’s actually Lungu and his PF who destroyed the country
Information is emerging that the three judges were handsomely bribed in dollars and not in kwacha. Is that not destroying the country? It’s actually Lungu and his PF who destroyed the country
Fred Membe is known for deriding HH. He has devilish hatred for HH . He claimed to know everything about everyone disciplined by the law .
He hates anyone who he thinks he is capitalist, imperialist and Bantustan yet he is married to a Bantustan, his daughters are married to imperialists and his mother is a Rhodesian/Zambezian. I am a Zambezian.
Fred Membe is known for deriding HH. He has devilish hatred for HH . He claimed to know everything about everyone disciplined by the law .
He hates anyone who he thinks he is capitalist, imperialist and Bantustan yet he is married to a Bantustan, his daughters are married to imperialists and his mother is a Rhodesian/Zambezian. I am a Zambezian.
If restoring mines and opening new ones is destroying the country, then HH can continue reigning. Others closed so they could loot.
If constructing roads on the copperbelt is destroying, then ba HH, continue. Others so the need to attend to those roads.
If having free education, decentralizing local governance through improved CDF funding, giving back allowances to students in universities, having freedom of movements including markets and bus stations, among others is destroying, then Bally, you have a ticket for another term.
The posting is from an opposition who, instead of providing checks and balances, has only one interest – to go to state house
If restoring mines and opening new ones is destroying the country, then HH can continue reigning. Others closed so they could loot.
If constructing roads on the copperbelt is destroying, then ba HH, continue. Others so the need to attend to those roads.
If having free education, decentralizing local governance through improved CDF funding, giving back allowances to students in universities, having freedom of movements including markets and bus stations, among others is destroying, then Bally, you have a ticket for another term.
The posting is from an opposition who, instead of providing checks and balances, has only one interest – to go to state house
Dr. M’membe, your allies PF and Mr. Lungu destroyed Zambia. HH is trying hard to repair the extensive damage they caused.
The Constitutional Court was a source of deep concern right from the beginning. Mr. Sangwa SC did a write up on the individual judges appointed by Mr. Lungu and he was categorical that NONE of the judges qualified against the constitutional requirements. He was quite adamant about this and I hope he hasn’t changed his mind like he has been doing lately.
The subsequent rulings they made didnot help matters either. They were only too eager to please the appointing authority, Mr. Lungu. They dismissed the 2016 presidential petition on a dubious technicality after stating on a Friday that they would begin to hear the case on Monday. The PF lawyers were so cheeky that they didnot even bother to attend the court session in total disregard of the court and they suffered no sanctions by the court.
In their efforts to accommodate Mr. Lungu, they handed him an illegal third term attempt and only us, the electorate, stopped him dead in his tracks.
The Constitutional Court has never enjoyed the confidence of the citizens right from its inception. It has been in terminal decline from the first day of its operation.
During the PF reign, the judiciary hit rock bottom. Even cadres were allowed to threaten the judges. I remember one late judge making a ruling and when he was threatened by high ranking PF officials, he claimed he was suffering from a bout of malaria when he made the ruling. That is how spineless our officers can be.
The judiciary, like the police, is in a mess and is in urgent need of cleansing. Maybe ALL judges should be fired and a commission or panel constituted to recruit new magistrates and judges in a competitive and transparent manner.
Dr. M’membe, your allies PF and Mr. Lungu destroyed Zambia. HH is trying hard to repair the extensive damage they caused.
The Constitutional Court was a source of deep concern right from the beginning. Mr. Sangwa SC did a write up on the individual judges appointed by Mr. Lungu and he was categorical that NONE of the judges qualified against the constitutional requirements. He was quite adamant about this and I hope he hasn’t changed his mind like he has been doing lately.
The subsequent rulings they made didnot help matters either. They were only too eager to please the appointing authority, Mr. Lungu. They dismissed the 2016 presidential petition on a dubious technicality after stating on a Friday that they would begin to hear the case on Monday. The PF lawyers were so cheeky that they didnot even bother to attend the court session in total disregard of the court and they suffered no sanctions by the court.
In their efforts to accommodate Mr. Lungu, they handed him an illegal third term attempt and only us, the electorate, stopped him dead in his tracks.
The Constitutional Court has never enjoyed the confidence of the citizens right from its inception. It has been in terminal decline from the first day of its operation.
During the PF reign, the judiciary hit rock bottom. Even cadres were allowed to threaten the judges. I remember one late judge making a ruling and when he was threatened by high ranking PF officials, he claimed he was suffering from a bout of malaria when he made the ruling. That is how spineless our officers can be.
The judiciary, like the police, is in a mess and is in urgent need of cleansing. Maybe ALL judges should be fired and a commission or panel constituted to recruit new magistrates and judges in a competitive and transparent manner.