Spotlight on Hon. Justice Arnold Mweetwa Shilimi: Uphold the Constitution or Bow to Political Pressure?- Thandiwe Ketis Ngoma

Spotlight on Hon. Justice Arnold Mweetwa Shilimi: Uphold the Constitution or Bow to Political Pressure?

By Thandiwe Ketis Ngoma

On December 10, 2024, the Constitutional Court of Zambia will deliver a highly anticipated judgment that could shape the country’s democratic future. The decision revolves around the eligibility of former President Dr. Edgar Chagwa Lungu to contest future elections. Among the Constitutional Court judges at the center of this historic ruling is Hon. Mr. Justice Arnold Mweetwa Shilimi, Deputy President of the Constitutional Court, who is said to have close ties to President Hakainde Hichilema. His credibility and fidelity to the Constitution are now under scrutiny.

The Background of the Case

This is not the first time the Constitutional Court has deliberated on Dr. Lungu’s eligibility. On more than three occasions, the court—Zambia’s final arbiter of constitutional interpretation—has ruled that the two years Dr. Lungu served after the passing of President Michael Sata do not constitute a full presidential term. The court has consistently affirmed that Article 106(6)(b) of the Constitution is clear: a term served for less than three years does not count as a full term.

These rulings collectively established that Dr. Lungu, having only served one full term between 2016 and 2021, remains eligible to contest another term. The Constitutional Court has thus already set a firm precedent, rooted in constitutional provisions, that must guide this latest deliberation.

The Question of Political Influence

Yet, despite the court’s consistent rulings, the matter has resurfaced, spearheaded by Mr. Chizombe Michelo—a known ally of President Hichilema and the ruling United Party for National Development (UPND). This development has fueled speculation about undue political influence in the judiciary, particularly since no new evidence has been presented to justify reopening the case. Zambia’s legal framework demands fresh and compelling evidence to revisit previously settled matters. The absence of such evidence raises the question: Why is this case being heard again?

Many Zambians, particularly those calling for the return of Dr. Lungu after realizing that the UPND government has failed to deliver on its promises, fear that revisiting this issue is an attempt to undermine Dr. Lungu’s eligibility through judicial means, thus tilting the political landscape in favor of the ruling party.

If the court reverses its earlier rulings under political pressure, it would represent a direct threat to the sanctity of Zambia’s judicial system and democratic order.

Justice Shilimi’s Role Under Intense Scrutiny

Hon. Mr. Justice Arnold Mweetwa Shilimi’s position as Deputy President of the Constitutional Court makes him a central figure in this critical case. However, allegations of his close relationship with President Hichilema have raised concerns about his impartiality. Dr. Lungu formally requested that Justice Shilimi recuse himself from this case, citing allegations that he shares not only a personal friendship but also business ties with President Hichilema. Justice Shilimi, however, has refused to recuse himself, intensifying scrutiny of his impartiality.

These allegations, whether true or perceived, are deeply troubling. The judiciary must remain independent and free from the influence of any political entity. Justice Shilimi’s role in this case is particularly sensitive because it represents not just a legal decision but a referendum on the credibility of Zambia’s judicial system. Any ruling that appears biased would severely undermine public confidence in the judiciary and raise doubts about its ability to function as a guardian of the Constitution.

The question now is whether he will uphold the principles enshrined in the Constitution and the precedent established by the court, or yield to external pressures seeking to overturn these established legal truths.

This case is a test of judicial independence and the integrity of Zambia’s democratic institutions. By turning against previous rulings, Hon. Justice Shilimi risks undermining the credibility of the court and the trust of the Zambian people in its impartiality. Consistency is not merely a procedural requirement; it is the foundation of justice and the rule of law.

A Call to Defend the Constitution

The Zambian people demand nothing less than the highest level of integrity and independence from their judiciary. Hon. Shilimi must remember that this case is more than a legal determination; it is a reflection of the judiciary’s commitment to its constitutional mandate.

It is essential to emphasize that the Constitutional Court has already ruled multiple times that Dr. Lungu is eligible to contest future elections. These decisions are rooted in the plain language of the Constitution, which stipulates that a president who serves less than three years of a term cannot be said to have completed a full term. Had Dr. Lungu served three years or more during his first tenure, he would indeed be ineligible. However, this is not the case, and the court has consistently upheld this interpretation.

The People Are Watching

This moment will define Hon. Mr. Justice Shilimi’s legacy and his contribution to Zambia’s democratic governance. Will he uphold the Constitution and remain consistent with the court’s earlier rulings, or will he succumb to political pressure that could compromise the judiciary’s integrity?

The nation is watching closely. Justice Shilimi’s judgment must be guided by constitutional principles, not personal relationships or political affiliations. By delivering a fair and impartial ruling, he has the opportunity to reaffirm the judiciary’s role as a guardian of justice and democracy. Conversely, a decision that aligns with political interests at the expense of legal integrity would tarnish his reputation and deal a devastating blow to Zambia’s democratic institutions.

The Zambian people are watching. The judiciary must stand as a bulwark against political expediency, safeguarding the nation’s democratic values and constitutional order. Hon. Justice Shilimi, the choice is clear: defend the Constitution and the rule of law, or risk eroding the credibility of Zambia’s highest court. History will remember this moment, and it will remember where you stood.