LAZ Does Not Support The Disciplining Of Any Judicial Officer For Exercising Their Duty

The Law Association of Zambia (LAZ) has received the news of the suspension of three Constitutional Court Judges, namely, Justices Anne Sitali, Mungeni Mulenga and Palan Mulonda, by the President of the Republic of Zambia, His Excellency President Hakainde Hichilema, on the recommendation of the Judicial Complaints Commission (JCC) with great concern, especially as it affects the constitutionally guaranteed
independence of the Judiciary.

LAZ is aware that Article 143 and 144 of the Constitution promotes the principle of judicial accountability, as it provides for disciplining of judges whose conduct falls below the standard prescribed by the law. Further, the Constitution mandates the President to suspend a Judge within seven days on receipt of a report from the JCC establishing a prima facie case against a Judge, to pave way for further investigations by the JCC on the merits or lack thereof of the complaint.

Whilst LAZ agrees that judicial officers must be subject of discipline when warranted,LAZ does not support the suspension or disciplining of any judicial officer for doing what they are constitutionally mandated to do, namely, adjudicate upon disputes and deliver judgements. Article 118 and 119 of the Constitution is categorical, as it provides that judicial authority of the Republic derives from the people of Zambia and shall be reposed in Judicial Officers to be exercised in a just and accountable manner.
LAZ is particularly concerned that the complaint lodged before the JCC on 27th May 2024, borders on, among other things, the conduct of the three Judges in the due exercise of their duties as Judges. LAZ is also concerned that the fresh complaint before the JCC is based on similar complaints against the three Judges, which the JCC has previously dismissed.

It is trite that security of tenure for a Judicial Officer is fundamental to the principle of independence and integrity of the judiciary and assures the ability of judges and judicial officers of all ranks, to carry out their judicial functions without fear or favour. Such accountability of judges and judicial officers should be exercised in line with the principles of fairness and justice, which
underpin our society.

LAZ shall continue to monitor developments around the three judges and shall await determination of the matter by the Court, considering that it is now subject of court proceedings. LAZ cautions that all stakeholders must ensure that the process is conducted in accordance with rule of law, constitutionalism and judicial autonomy.

This press release is on a matter of national interest, in defense of judicial independence and constitutionalism and has been issued in furtherance of LAZ’s mandate under Section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia.

Lungisani Zulu
LAZ President