Zambia’s Hichilema sacks judges who ruled for his 2016 rival

hakainde hichilema

ZAMBIA’S President Hakainde Hichilema has dismissed three Constitutional Court judges, raising fresh concerns about political interference in the judiciary. The three judges, Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda, had been suspended earlier over allegations of judicial misconduct and were officially sacked after losing a court bid to review their suspension.

These judges were notably involved in the dismissal of Hichilema’s 2016 presidential election petition and in a controversial ruling allowing former president Edgar Lungu to run for a third term in 2021. Their removal has prompted accusations that the president is using his office to settle old political scores.

Dismissal and judicial review

A statement from the presidency on Sunday evening confirmed that the judges had been removed ‘with immediate effect’ following recommendations by the Judicial Complaints Commission (JCC). The statement highlighted that the dismissal was in line with the powers vested in the president under Zambia’s constitution.

The JCC had investigated the judges after a complaint from private citizen Moses Kalonde, accusing them of gross misconduct. Last year, a similar complaint by lawyer Joseph Busenga, who had sought their removal over the 2016 election petition, was dismissed by the JCC. However, the recent investigation has resulted in the judges being sacked.

The judges have not made any public statements on their dismissal, leaving the matter open to speculation. Political tensions are heating up in Zambia as the country prepares for its next general election in 2026, when Hichilema and Lungu are expected to face off once again.

Mixed reactions

The removal of the judges has triggered mixed reactions across Zambia. Social and political commentator Laura Miti noted that opinions are divided. ‘Some view this as a legal, albeit self-serving, move by the president, while others support him. My view is that the judges acted inappropriately in 2016, but this dismissal feels like retaliation, which is worrying,’ Miti told the BBC.

On the other hand, Makebi Zulu, Lungu’s lawyer in the 2016 case, condemned the action as ‘illegal’ and an overreach by the executive. He expressed concern that this could undermine the judiciary’s independence. ‘No judge should be punished for performing their judicial duties,’ Zulu remarked.

Concerns over judicial independence

The dismissal has revived debates about the judiciary’s independence in Zambia. Under the constitution, judges are appointed by the president based on recommendations from the JCC, and with the approval of the National Assembly. Critics argue that this process allows for political influence in judicial appointments.

Political analyst Sishuwa Sishuwa highlighted the systemic issues with Zambia’s judiciary. ‘We will continue to have incompetent and compromised judges as long as the executive controls the appointment process. This issue transcends political parties,’ Sishuwa commented on social media platform X, calling for broader reforms rather than targeted dismissals.

As Zambia heads towards the 2026 elections, the dismissal of these judges has become another flashpoint in the ongoing political rivalry between Hichilema and Lungu, adding further tension to an already fraught political landscape.

Credit: BBC

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