Former President Edgar Lungu Seeks Recusal of Three Judges in Constitutional Court Case

Former President Edgar Lungu has filed a Notice of Motion in the Constitutional Court, requesting the recusal of three judges from presiding over his eligibility to contest the 2021 General Election and any future elections. The motion, supported by an affidavit, names Constitutional Court President Margaret Munalula, her Deputy Arnold Shilimi, and Judge Mapani Kawimbe, alleging potential bias.

In his affidavit, Mr. Lungu contends that Justice Munalula had previously delivered dissenting judgments between 2016 and 2021 in favor of President Hakainde Hichilema. He also notes that Justice Munalula was among a group of judges reported to the Judicial Complaints Commission several years ago, alongside three suspended judges: Annie Sitali, Palani Mulonda, and Mugeni Mulenga.

Additionally, Mr. Lungu claims that Judge Shilimi is a professional associate of President Hichilema, raising concerns about impartiality. He further alleges that Judge Kawimbe may have a familial connection with President Hichilema, which, according to Lungu, could influence the judge’s stance on the case.

The state’s response is expected to be filed by Wednesday, ahead of a formal hearing on Thursday this week, when the Constitutional Court will consider Mr. Lungu’s request for the judges’ recusal.

This motion is part of a broader case initiated by youth activist Michelo Chizombe, who has asked the Constitutional Court to determine whether Mr. Lungu was eligible to run in the 2021 General Election and if he can participate in future elections. The court’s decision will have significant implications for Zambia’s political landscape as it examines the legal standing of Mr. Lungu’s candidacy.