Wednesday, October 30, 2024

20 Appointed Judges raises Concerns

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President Hakainde Hichilema’s recent appointment of 20 judges to the Zambian judiciary has come under scrutiny following the appointment of Arnold Mweetwa Shilimi as the Deputy President of the Constitutional Court. Shilimi, a businessman with no known history of law practice or interest in constitutional matters, has raised concerns among the public and legal experts alike.

Shilimi, who owns a milling plant and produces Amaka Mealie Meal under Pine Milling Company, has no known history of constitutional activism or practice. While he recently formed a law practice, becoming a senior partner in Mwansa, Phiri, Shilimi & Theu Legal Practitioners in Lusaka Province, many legal experts question his qualifications for such a high office in the judiciary.

The appointment has sparked concerns about the potential for political influence in the judiciary. Many fear that the appointment of a businessman with no experience in constitutional matters is an indication of political favoritism rather than a commitment to ensuring a competent and independent judiciary. This appointment could also raise questions about the integrity of the Zambian judiciary and its ability to remain independent.

The judiciary plays a crucial role in any democratic society, and it is vital that its members are qualified and impartial. The appointment of Arnold Mweetwa Shilimi as Deputy President of the Constitutional Court raises questions about whether the judiciary will be able to fulfill its role effectively. While President Hakainde Hichilema has the constitutional authority to appoint judges, he must ensure that these appointments are based on merit and experience and not influenced by political considerations.

Many legal experts have called on the government to reconsider the appointment of Shilimi and ensure that any further appointments to the judiciary are made based on merit and experience. The judiciary must be free from political influence and remain independent to ensure that justice is served for all citizens of Zambia. This is a critical time for the Zambian judiciary, and the public will be watching closely to ensure that it remains fair and impartial.

27 COMMENTS

  1. We are *****s in Zambia. How do create a constitution around presidency? He is making decisions to please his chola boys and girls. We need an independent body, with skills and technical know how, to appoint people who can account. This president is basing his appointments on tribalism and patronage.It is really very disgraceful. This constitution creates dictatorship in presidency.

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  2. If we are going to hv a more transparent process of appointing judges, we need to legislate for it immediately so that the nominees are subjected to more stringent scrutiny. For the PF it will be difficult to criticise these appointments because this is exactly how they made appointments to the bench.

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    • Its not exactly how the PF made their appointments. They never picked a layman for the bench. This is a first in the world

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  3. Two wrongs will not make a right. Reading between the lines, the man in state house or is it community house is preparing for what will be a very contentious 2026 election with radical praise singers and their leaders preparing to hold on to power at any cost.

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  4. I’ve always advocated for the appointment of individuals from within the system especially to constitutional positions. Government has quite a good number of legal officers in various departments and have requisite qualifications and experience. Appointments from within the ranks don’t raise many questions and are unlikely to demotivate serving officers. Anything else puts those being appointed into an awkward position, especially when the appointing authority’s tenure lapses. We haven’t witnessed the meritocracy that we were promised. It looks like a calculated move to achieve some narrow motive. Please desist from such as political life is too short

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    • John Sangwa raised questions about the appointment of judges to the Constitutional Court by President Edgar Lungu. He followed it up with a letter to Edgar Lungu which he also made public. I hope those raising questions about the suitability of some of the nominees will do the same and also appear before the parliamentary committee which will be tasked to hear evidence from the public.

  5. “While President Hakainde Hichilema has the constitutional authority to appoint judges, he must ensure that these appointments are based on merit and experience and not influenced by political considerations”
    ECL appointed ill qualified concourt judges who were ratified by parliament and you were all quiet apart from SC John Sangwa.
    Why are you concerned today?
    Is it because your party the PF is out of power?

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    • Me iam getting worried with this lack of wisdom in the appointing authority and fear for the people , if people can see mistakes in you better you correct them quickly , those mistakes become trigger points for lawlessness people will have something to point at.
      Those appointed shouldn’t celebrate the wrongs being done to the Zambians as a whole as we all know that all Zambians have a stake in this land .

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  6. We are systematically under brute force legal attack.
    For sure, 2026 in sight.
    Only people with eyes can see this. Watch this space.

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    • We’re in a different dispensation… you abolish the defamation law and replace it with the hate speech law. Chimozi mozi, zinopindurana, chimochine, same same.

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    • Arnold Shilimi has been practicing law in East Africa for several years. He has impeccable qualifications in Law, including Master’s degree level qualifications from the University of Cambridge. Why does the author of the article and all those commenting on his suitability do the groundwork before defaming a lawyer who is one of the finest Zambia has?

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  7. Noone plays around with an arm of governance such as the Judiciary as if its his toy. Here HH is very wrong. People must start protesting

  8. This leader must have evil plans for this nation these appointments don’t go well for this country , we shall watch and see the fruits of this kind of leadership will do to Zambians . Those appointed must be worried to what will happen with them it is not a joke . Amin in Uganda did similar things when he came in power
    It seems as if this leader is aimed at dividing the nation and really there must be a motive behind all these appointments of course not good for our mother Zambia , Zambia has been a beacon of peace in the region but to what we are now seeing after all is done we shall see the intentions .
    To me as an individual i don’t think anything good will come out of this kind oleadership.

  9. 2026 Reloaded! Some may say BMW hasn’t focused his mind on 2026 elections but to deliver on his promises. The fact he’s failing to deliver his promises gives him reason to worry about the next general elections. Who would want to go down in history as one term president? Look at the appointments of Commissioners at Electoral Commission of Zambia (ECZ). McDonald Chipenzi and Mwangala Zaloumis, both well known UPND cadres, now the appointments at Concourt and High Court Judges skewed towards Zambezi Provinces (Southern, Western and N/W) lawyers. Are you like me reading between the lines?

  10. Hakainde has failed the litmus test. Some of us hoped that he would be above some of the things he condemned when he was in opposition. But alas he seems to be even worse. We may just be dealing with a hardcore dictator. The opposition and the Zambian people must brace themselves with another “IdI” This is where the people feel lied to. He lied big time not only on simple mealie meal and fuel issues among others but on deeper things as well. If he feels that he cannot go to state house on the pretext of the rennovations that took place by a foreign entity why did he want a foreign company to audit the defence accounts? Hakainde is simpley the wrong person to unite this country.

  11. Such articles!! . “Many legal experts are questioning his qualifications for such a high office …”? Can you name even one? When ECL appointed the Concourt judges, Sangwa was on hand to analyse their qualifications and experience and objectively pointed out why some of them were unsuitable. Can the author or anyone that has been quick in condemning HH publish Shilimi’s CV and at the same time the requirements for the position? Some of us are way past the stage of just reading and jumping to condemn without verifying facts.

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