PRESIDENT HICHILEMA ACTED WITHIN THE LAW TO SUSPEND JUDGES FODEP.
The Foundation for Democratic Process (FODEP) has expressed concern on the developments surrounding the suspension of three Constitutional Court judges by President Hakainde Hichilema.
FODEP Executive Director Elijah Rubvuta said while the President acted within the law upon receiving the report and recommendations of the Judicial Complaints Commission (JCC) regarding the judges’ behavior and conduct, the coincidence in the timing of the action makes the action appear to have been pre-determined, though the President has acted within the provisions of the law.
FODEP further notes that currently, the law only mandates the JCC to deal exhaustively with all matters pertaining to complaints about judges, unlike in the past when the Constitution provided for the need for a Tribunal to be constituted to handle matters pertaining complaints and removal of Judges from office.
FODEP states that the law is quite clear when it states that upon receiving the report and recommendation, the President must act within seven days.
FODEP urges those criticizing the action to join hands with FODEP in calling for the re-instatement of the constitutional provisions that require a Tribunal to be set-up to look into matters concerning discipline and removal of judges as this enhances the security of tenure of the judges, and guards against the propensity for overbearing influence by the executive arm in the process, as currently perceived.
FODEP wishes to express its concern about some political players who seem to have capitalized on this to blow the matter out of proportion, ignoring the important consideration of whether or not the law and procedure in handling the matter has been satisfied.
Mr. Rubvuta noted that the doctrine of “Separation of Powers” that emphasizes that the three arms of government (Executive, Legislature and Judiciary) ought to enjoy their respective independence, such independence ought to be exercised within the tenets of respect and observance to the “Rule of Law” and upholding professionalism, integrity, and dignity.
He emphasized that the principle of separation of powers and the rule of law must be upheld and strengthened, including through measures such as appointing Cabinet Ministers from outside Parliament, as CSOs have advocated for decades.
Mr. Rubvuta further called on the government to practically address the many issues affecting the serious economic situation the country continues to face, more especially the serious economic hardships posed by load shedding and drought.
He noted that the seemingly polarized social and political situation obtaining in the country, could easily agitate people to an extent whereby even minor issues would easily be stretched out of healthy proportions.
He urged citizens to exercise patience and resilience even under the obtaining challenging socio-economic and political tensions in the country.
PRESIDENT HICHILEMA ACTED WITHIN THE LAW TO SUSPEND JUDGES – FODEP
