On October 20, 2024, President Hakainde Hichilema (HH) officially terminated the appointments of three Constitutional Court judges: Mungeni Mulenga, Annie Sitali, and Palan Mulonda. The decision was made following a recommendation by the Judicial Complaints Commission (JCC), which had been investigating these judges over allegations of misconduct. In a formal letter dated the same day, HH announced that the judges had been removed from their positions with immediate effect, an unprecedented move that has sparked intense political and legal debate in Zambia.
The controversy surrounding the three judges began when allegations surfaced that they had engaged in unethical conduct in their rulings. Critics accused them of bias in politically sensitive cases and questioned their integrity. This led to a formal inquiry by the JCC, tasked with investigating allegations of judicial misconduct. The process culminated in a detailed report that recommended the removal of the judges.
In September 2024, following the release of the JCC’s report, the three judges were suspended from their duties pending a full court hearing. This suspension was significant, as it marked the first time sitting Constitutional Court judges had been put under such scrutiny. Their suspension raised concerns about the impartiality of the judiciary and the broader implications for the rule of law in Zambia.
During the court hearing that followed, the defense attorneys for the judges argued that the suspension was politically motivated. They maintained that the judges had acted within the boundaries of the law and that their rulings were based on legal precedent, not political bias. However, the JCC presented evidence suggesting that the judges had violated judicial ethics, leading to concerns about their ability to impartially interpret the Constitution.
The court hearing lasted several weeks, with intense public interest in the proceedings. Many Zambians saw the case as a test of the independence of the judiciary. The ultimate dismissal of the judges following the hearing, however, was seen as a victory for those pushing for judicial reform and accountability, particularly among Hichilema’s supporters, who had long claimed that parts of the judiciary were influenced by the previous Patriotic Front (PF) regime.
The firing of the three judges, however, has been interpreted by some as part of a broader political strategy by President Hichilema to neutralize perceived threats from his predecessor, Edgar Lungu. Since assuming office in 2021, HH has faced ongoing political resistance from Lungu and factions within the PF, who remain influential in Zambian politics. Lungu’s supporters have often hinted at a possible political comeback, which has raised the stakes in the current political environment.
Lungu’s presidency was marked by numerous accusations of corruption and authoritarianism, and there was widespread speculation that the judiciary had been compromised during his tenure. In fact, some of the judges in question had been accused of ruling in favor of the PF in cases where Lungu’s political survival was at stake. This background created the perception that the suspension and firing of these judges were part of HH’s broader strategy to dismantle Lungu’s political machinery.
HH’s decision to fire the judges has been interpreted by some observers as a signal that he is prepared to take strong measures to ensure that the judiciary is free from any lingering influence from Lungu’s time in power. By acting on the recommendations of the JCC, HH appears determined to reform the judiciary and restore public confidence in its independence. However, critics of HH argue that the move is part of a calculated effort to consolidate power and eliminate any potential legal avenues that Lungu might use to stage a political comeback.
The fear of Edgar Lungu’s influence looms large in Zambian politics, and HH’s recent actions, including the dismissal of the Constitutional Court judges, suggest that he is keen to preempt any moves that could threaten his administration. Lungu, despite his retirement from active politics, continues to wield significant influence, particularly within the PF and among segments of Zambian society that view his presidency in a more favorable light.
Ultimately, the firing of Mungeni Mulenga, Annie Sitali, and Palan Mulonda could be seen as HH’s attempt to assert his control over the political landscape and eliminate any obstacles to his reform agenda. Whether this decision will lead to a more independent judiciary or further deepen political divisions in Zambia remains to be seen. Nevertheless, the political maneuvering surrounding the judiciary underscores the ongoing tension between HH and Lungu, with the former seeking to secure his position in a fragile and polarized political environment.
MISCONDUCT IS MISCONDUCT AND IT SHOULDN’T BE TOLERATED. THER Should BE NO SACRED COWS. AND GENUINE ZAMBIANS SHOULD POLITICIZE THE REPRIMANDING , SUSPENSION AND FIRING OF PUBLIC OFFICERS FOR THEIR WRONGDOINGS
He should have sent them in foreign missions, silently.
Where will they find jobs?
AWEE October 21, 2024 At 1:07 am
MISCONDUCT IS MISCONDUCT AND IT SHOULDN’T BE TOLERATED. THER Should BE NO SACRED COWS. AND GENUINE ZAMBIANS SHOULDN’T POLITICIZE THE REPRIMANDING , SUSPENSION AND FIRING OF PUBLIC OFFICERS FOR THEIR WRONGDOINGS
Already overdue; they should have been rid off a while ago!
Ukutumpa ba Zambezi region boys
When you point one finger at someone four fingers point back at you…so in short its ok for the Supreme leader to rearrange the Judiciary to his liking so that he can have an upper hand during the 2026 General Elections…What HH is doing is wrong…we all know he is just scared of Edgar Lungu…this is not about Judges misconduct…..this is simply power grab and sending a message to the Judiciary the he is in control of the Judiciary and every Judge should bow down to the Supreme leader Ayatollah Hakainde Hichilema
The Supreme leader Ayatollah Hakainde Hichilema thinks he will be President forever…and what is doing now is trying to steal the 2026 elections…HH is aware that if the 2026 elections are free and fair then he stands no chance of winning…now he has to manipulate the Judiciary and the ECZ……i wish we had strong opposition in Zambia…but unfortunately we have a bunch of morons and jokers as opposition
Clayson Hamasaka…the name says it all…this is not the Zambia we want……Hamasaka is a is the one who asked the Supreme leader Ayatollah Hakainde Hichilema to fire the three Judges…Chuundu Chaitwa doing what they do best….
So the President is in charge of the Judiciary….no separation of powers in Zambia….
Seperation of powers does not mean the Judiciary is equal to the Presidency. The Judicial commission investigated the judges and made the recommendations thereafter What has that got to do with the President being in charge of the Judiciary?
If you want to taste a man’s character give him power….HH is a demagogue bitter President and he is trying to steal 2026 elections
AND OUR BIGGEST ENEMY ZESCO STILL UNATTENDED
FIRE THEM TO,
Otherwise bye bye 2031
Well done HH for firing unstable Judges for abrogating our constitution. Afterall he did not even win the elections.
I see the late deputy ZP spokesperson is being replaced by someone from the ” right province”
If JCC has recommended for suspension then
Bally has to follow.
Who knows what the truth is
This country is all smoke and mirrors now
Has any judge ever survived the canine teeth of the JCC?None at all. First the president has to sponsor someone to complain to JCC and then the president makes sure he is favoured by that Commission. Simple.
In the circles of power you ought to work with people that look after you otherwise you won’t know what has hit you. Nothing wrong hear…you are a fool if you think a sitting president should treat issues according to what you want. It was ok when these Judges worked with ECL now when they’ve been let go people are groaning. Just drink your water you be fine…
Following this unwritten rule is the very reason why our economy is in this state including the wanton disregard of huma rights.
Following this unwritten rule is the very reason why our economy is in this state including the wanton disregard of human rights.
For the sake of separation of POWER as well as the President and the Executive not to be soiled,judicial complaints against judges must be resolved within the judiciary and only involve the President on their removal if found wanting since the President is the appointing authority.
The Judicial Complaints Commission looked at the complaints against the Judges. Aren’t they the ones who investigated and found them guilty? The President only acted on the commission’s recommendations.
@Katana.My concern is that the JCC must not recommend the suspensions of the judges to the President before conducting the investigations and hearings but must recommend their removal if found guilty.Now if the current setup requires the JCC to recommend the suspensions of the judges before hearings,it will certainly raised some must.
Uyu muntu mtima kuipa
Ukubipa umutima kubi, mukalila ba pompwe imwe, ichalo mwalichi tobosola in terms of tribes…Be careful the same judges will come & lock you up regarding your moving of a State House to your old fashioned mansion.. just saying, wina azalila. You chaps are so damn & sleepy
@Annonymous, propaganda of unbelievable proportions – read to relieve BP.
They are already rich from the bribes they received from Lungu and PF during the 2021 presided petitions.
Fi UPND, not everyone who criticise upnd are PF cadres. A lot of pipo on this platform are not cadres from any party like your selfish self. Most of us here have a yard stick to measure with between PF thugs as you call them & your failure all talk & nothing to show for it upnd & kainde. Get a life & please make sure you have gensets for electricity during the Burning Spear concert because imingulu shalifula sana among yourselves.
This is wrong, very wrong. I don’t care how corrupt these judges were, but a President dismissing Constitutional Court judges is very wrong. Yes he may recommend them for appointment, but Parliament rectifies the appointment. Therefore Parliament must be involved in the dismissal too.
The President should not be above everyone in a democracy. The 3x arms of govt: Executive, Legislature and Judiciary are equals and on the same level providing checks and balances against each other.
And who is this faceless JCC? Who sits there and who chairs it? How independent and impartial is this JCC?
The Constitution needs amendment to strip absolute powers that the President seems to wield… he should not be some King in Zemunda firing anyone he doesn’t like.
Its the current set up with the constitution. Someone has to raise a complaint and a competent Judicial Commisison adjudicates and the president just acts. Chapwa. Even when there is separation of power, the back stops with the President. Someone has to be in charge
Zambians all you do is complain, as if that is going to help you in anyway! You have a rogue leader that has gone against his own promises and now is perverting the governance systems. All you do is cry all day and wait for 2026!!
Who said this is payback
Time?