Understanding Judicial Suspensions Under Zambia’s Constitution
By : Hamunkoyo Tobbius
In a democratic system, the judiciary is a fundamental pillar of governance, tasked with upholding the rule of law and ensuring justice is served fairly and impartially.
However, when concerns arise about a judge’s conduct, the suspension and removal process must follow strict legal procedures to maintain the integrity of the judiciary.
In Zambia, these procedures are outlined in the Constitution amendments no.2 of 2016, specifically under Articles 143 and 144, which govern how judges can be suspended and, if necessary, removed from office.
The Role of the Judicial Complaints Commission (JCC)
Suspension of judges in Zambia is not a unilateral decision by the President. According to constitutional provisions, the Judicial Complaints Commission (JCC) plays a critical role in ensuring due process.
If there is a complaint against a judge, any member of the public can file it with the JCC. However, the complaint must be substantial and credible , warranting further investigation.
Suspension Process
Once a complaint is lodged, the JCC assesses its validity. If the allegations have merit, the JCC recommends to the President that the judge be suspended.
The President does not have the authority to independently suspend a judge without this formal recommendation.
Following the suspension, a full hearing is conducted by the JCC. This hearing allows both the complainant and the accused judge to present evidence and arguments.
The suspended judge is given the opportunity to defend themselves against the allegations.
Final Determination, Removal or Reinstatement
After reviewing all the evidence, the JCC makes a final determination. If the judge is found guilty of misconduct based on the evidence presented, the JCC again recommends to the President that the judge be removed from office.
As with suspension, the President can only act upon recommendation from the JCC and cannot make an independent decision to dismiss a judge.
Conversely, if the JCC finds the judge innocent , they are reinstated and allowed to resume their duties.
Current Status of the Case
At present, this matter is at the suspension stage, meaning the Judicial Complaints Commission is now set to hear the case in full. The complainant will present evidence, and the judge in question will have the opportunity to defend themselves before a final decision is made.
For those interested in further reading, Article 143 and 144 of Zambia’s Constitution provide a detailed framework on the suspension and removal of judges, reinforcing the importance of procedural fairness and judicial accountability.
Judicial independence is key to democracy, and ensuring that suspension and removal processes follow the law helps protect the credibility and integrity of the judiciary.