HH Suspends 3 Constitutional Court Judges: Power Grab or Judicial Accountability?
In a move that has sparked national debate, President Hakainde Hichilema suspended three Constitutional Court judges Justice Anne Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda on September 23, 2024. The suspension, based on a report from the Judicial Service Commission and authorized under Article 144(3) of the Zambian Constitution, raises key questions about the balance of power, judicial independence, and the future of Zambia’s political landscape.
This unprecedented action has drawn contrasting reactions. While some view it as a positive step toward ensuring judicial accountability, others see it as an alarming power grab, particularly with the 2026 elections on the horizon.
The timing of the suspensions has led many to speculate about its underlying political motivations. Critics argue that Hichilema’s decision to suspend the three judges is part of a broader strategy to consolidate control over all arms of government, potentially paving the way for political maneuvering ahead of the 2026 elections. The judges in question were involved in key rulings that favored former President Edgar Lungu, including a controversial decision that allowed him to run for a third term in 2016 despite widespread opposition.
One critical voice argued, “This is what we should fight against. A president shouldn’t appoint or fire judges when we have a Judicial Commission. We joke a lot in this country. IG, Chief Justice, electoral commissioners, judges, DEC, DPP, etc., should be jobs based on applications, not likes and politics. This is nonsense.”
This perspective reflects a deep concern about the concentration of power in the Zambian presidency. Many fear that Hichilema’s actions signal an erosion of judicial independence, undermining the checks and balances essential to a functioning democracy. Critics warn that this could lead to a judiciary filled with loyalists who may be more inclined to rule in favor of the president and his party.
On the other hand, Hichilema’s supporters argue that the suspensions are a long-overdue response to judicial misconduct. They point to specific rulings, such as the decision to allow ministers to remain in office after the dissolution of parliament in 2016, which was later criticized for being unconstitutional. These actions, they argue, reflect a pattern of corruption and incompetence that has eroded trust in the judiciary.
One supporter expressed this view strongly, stating, “Well done, Mr. President. How can judges fail to interpret the Constitution? That is gross incompetence. Kindly revoke the suspensions and fire them ASAP.”
For these individuals, Hichilema’s actions represent a necessary clean-up of a judiciary that had become too closely aligned with the previous Patriotic Front (PF) administration. From their perspective, the suspended judges were more interested in serving political interests than upholding the law.
While the suspensions have triggered heated debate, they also raise an important question about judicial accountability. Zambia’s Constitution gives the president the authority to suspend judges, but only based on the recommendation of the Judicial Service Commission. This mechanism was put in place to ensure that judges could be held accountable for misconduct, while also protecting them from arbitrary dismissal.
In this case, the involvement of the Judicial Service Commission provides some legitimacy to the suspensions. It suggests that the decision was not made solely on political grounds but rather in response to concerns about the judges’ conduct. As one commentator noted, “He is the president of the Republic of Zambia with all instruments of power in his hands. HH to 2090.” For those who support the president, this is a necessary use of his constitutional powers to restore integrity to the judiciary.
At the center of this controversy is the Judicial Service Commission, a body tasked with overseeing the conduct of judges and ensuring they adhere to ethical standards. The commission’s recommendation to suspend the three judges suggests that there were serious concerns about their behavior. However, critics argue that the commission itself may be influenced by the executive branch, raising doubts about its independence.
Some Zambians believe the current system, in which the president appoints and suspends judges, is flawed and open to manipulation. One commentator proposed, “Concerned about the concentration of power in Zambia’s presidency. Wish we could elect our Chief Justices, judges, and judicial officials instead of appointing them. This would promote accountability and independence in the judiciary.”
This viewpoint advocates for a more democratic process in the selection of judges, one that would protect judicial independence and prevent the concentration of power in the hands of the president.
The proximity of the suspensions to the 2026 elections has fueled speculation that this move is politically motivated. Some fear that Hichilema is preparing to replace the suspended judges with individuals loyal to his administration, potentially paving the way for legal decisions that favor his re-election bid. The concern is that this could undermine the judiciary’s ability to act as a check on the executive branch, particularly in the event of election disputes.
Opponents argue that this is an attempt to reshape the judiciary in Hichilema’s image, ensuring that future legal challenges—especially those involving former President Lungu—are decided in his favor. As one critic noted, “He just wants judges who will do his bidding. Instead of focusing on reducing the cost of living, his preoccupation is wanting to fix ECL (Edgar Lungu).”
This fear is not unfounded. The three judges in question played pivotal roles in the legal battles surrounding Lungu’s third-term bid, and their suspension could be seen as part of a larger strategy to neutralize any potential opposition to Hichilema’s political ambitions.
Beyond the immediate political implications, this controversy highlights the need for broader judicial reforms in Zambia. Many have called for a more transparent and democratic system for appointing judges, one that would protect judicial independence and ensure that judges are accountable to the public, not the executive branch.
The idea of electing judges, rather than appointing them, has gained traction among some Zambians who see it as a way to prevent political interference in the judiciary. As one citizen put it, “Let’s strive for a more balanced distribution of power!” This reflects a growing desire for reforms that would reduce the concentration of power in the presidency and promote greater accountability in Zambia’s democratic institutions.
The suspension of Constitutional Court judges Justice Anne Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda has exposed deep divisions within Zambian society. For some, this is a long-overdue move to hold corrupt judges accountable and restore trust in the judiciary. For others, it is a dangerous power grab that threatens the independence of the courts and undermines Zambia’s democratic institutions.
As Zambia approaches the 2026 elections, the implications of this decision will continue to reverberate throughout the country. The challenge for Hichilema will be to demonstrate that this move was made in the interest of justice, not political expediency. Only time will tell whether this was a step toward greater judicial accountability or a slide into authoritarianism.
Ultimately, the suspensions highlight the need for a more transparent and accountable judicial system—one that serves the Zambian people, not political interests.
by Kantu Mutuna.
Am not surprised….expect more drama in the coming months as we get closer to 2026….diverting loadsheding crisis and trying to hold on to power beyond 2026
I think i am with you on this one ..
He seems to be avoiding Zesco like a plague
And we call this a democracy!!!! Where on earth does the President have power over the Judiciary? The Judiciary isnt supposed to be answerable to the Executive unless in North Korea or China. We should do a referendum and find out whether we want to go back to the second republic or follow this style of democracy we have adopted from the West. Otherwise lets top cheating ourselves that we are a democracy. A democracy with an Executive controlling parliament, Judiciary and the media? Why continue cheating ourselves? So we can feel good when we meet “fellow democrats” at the UN?
He should have just DELETED the useless court. Tell me what each and every one of those judges have doing this year. He should have suspended the useless Chief Justice instead.
You have constution judges on high salaries, doing nothing, waiting for petition of presidential erections. Meanwhile there are 2000 goats and chicken thieves awaiting trial in jails.
WHAT A MISERABLE BUNCH THEY ARE! NO INNOVATION.
HH IS A DICTATOR
“….They point to specific rulings, such as the decision to allow ministers to remain in office after the dissolution of parliament in 2016, which was later criticized for being unconstitutional…”
What kind of judges are these ……?
Shameless corrupt bootlickers
Please, more cleanups…….
Especially That name Palan kept being mentioned in questionable judgments…..
Its not the President who cleans up the judiciary. Its the people. Unless in Uganda in 1973
We the People
So how will the people get rid of bad
judges ??
We the people have a parliament and if we the people had freedom of speech our thoughts would be heard and acted upon. A president that we the people voted for needs to listen to us speaking freely- not via Mweetwa, Kawana or Hamasaka’s orchestrated agendas. Not via any government agent.
This because the government’s job is to deliver what their cabinet decides-chaired by the President of course- not to censor or censure any citizen. I hope you and other UPND cadres get my little lesson in Political Science
In a democracy there are various transparent ways in which people get involved in the business of governing. Parliament, Commissions Workshops etc. The Executive must make democratic institutions function. He cant do everything unless in China
Bwana……..
This is Africa…….
The first positive step is to get a none corrupt president who lays down or solidifies foundations for the rule of law………
, second is to get rid of the corrupt ministers and judges and civil servants……..
Then you can have civil institutions with teeth……..
Right now we are 3 years from an almost completely ravenged zambia where political , tribal violence and cader rule was normal………..
Forwadee 2031…….
“This is Africa”. That is usually the excuse for the mess we live in. The excuse for the coups that have happened in the Sahel and West Africa lately. The excuse for dictatorships. Stop playing the Africa card to impose authoritarianism here. So far the Zambian people have shown you they are civilised enough to live with democracy. Now you want to take advantage of them by usurping power?
Cant you see that is your UPND mentality? Because this is Africa, I must be President, Chief Justice, Pseudo-Speaker Editor in Chief for all Media
“This is Africa”. That is usually the scapegoat for the mess we live in. Its the excuse for the coups that have happened in the Sahel and West Africa lately. The excuse for dictatorships that just steal all the people’s wealth.
Stop playing the Africa card to impose authoritarianism here. So far the Zambian people have shown everyone including you that they are civilised enough to live with democracy. Now you want to take advantage of them by usurping power?
Cant you see that is your UPND mentality? Because this is Africa, I must be President, Chief Justice, Secretary to the Cabinet, Pseudo-Speaker, Editor in Chief for all Media, Head of Judiciary, Commander in chief……
New dawn not doing well.
Hence dropping of some judges.
Let them win the Zambians confidence which
Is lost.
@Tikki
Trying to create unnecessary controversy and give Zambians something to talk about so that they can forget about the misery caused by loadsheding…Politicians are very crafty…they even create fake Assassination attempts when things are not looking good for them just to get sympathy votes
@Spaka
Try to be objective my dear friend…stop using your emotions when it comes to National issues….Be a Zambian Patriot….The Judiciary is supposed to be autonomous/independent…now all the Judges will be scared
Anonymous
This is not emotions…….
Those judges sold out the Zambian people even when the constitution, which they swore to protect , was being raped by PF……..
They are bad fruits we don’t need in the judiciary…..
Anonymous
This is not emotions…….
Those judges sold out the Zambian people even when the constitution, which they swore to protect , was rap.ed by PF……..
They are bad fruits we don’t need in the judiciary…..
Then parliament or their Chief Justice /Judicial Commission should fire them. Its not the President’s job
I havent met a single UPND member who is or tries to be objective. Not to worry you are not alone UPND cadres. I havent seen this extinct species in PF either. Perhaps in UNIP? Because they no longer exist
@ Spaka
This is not about HH or Lungu….PF or UPND…this is about Zambia…..How are we going to fight corruption if our Judiciary is not autonomous???….the Problem is Lungu also appointed his own stooges…HH also appointed his own stooges…..just like here in the USA…we have Republican Judges and and Democrat Judges and the justice system here in the USA is corrupt
The US has different systems for appointment and firing of judges. Federal Judges are treated differently from State Judges. State judges can be appointed by the President but he cant fire them. They will be judges until they retire. However Parliament or congress can impeach and remove them from office. Yes the US system is corrupt but the people via Congress can remove a corrupt judge. State judges can even be removed via an election
Sorry I meant “Federal Judges can be appointed by the President”
Judges can’t be held accountable for the judgements they make, it’s a travesty of justice. The biggest mistake HH made was to think that he was popular. He has never been popular, what he got was a protest vote. Now that he’s failed to deliver on his campaign promises, the reality of losing the next election has dawned and he hasn’t received it well. Unfortunately for him, any machinations to forcibly prolong his stay in power will just worsen his life after retirement. It’ll be a painful exit
Ayatollah
HH will serve until 2031……….
The crisis he is facing now is climatic load shedding, for which he has no control……..
Unless the rains stay away until 2026,……..
Things will brighten up………
We are here…..
Forwadee 2026
@Ayatollah
Yes HH won via protest vote and now he’s realized that he hasn’t delivered anything realistic apart from useless drone footage by his stooge Jito Kayumba one of his corruption enablers….his entire Cabinet is in New York for shopping…The Arab fake Mining investors have vanished in thin air…the Chinese annual pilgrimage ended with high resolution pictures and handshakes
The UPND GRZ has delivered on multiple promises, free education, end cader rule, end political violence, increase CDF, reduce repayments on the national dept………
The drought and global recession has thrown a spanner in the works however……..
Statecraft continues and the rains are coming, only a few more months and we have the season of plenty………..
Forwadee 2031……
Especially that ECL called from holiday in Florida
The Zambian delegation at this year’s UNGA look really stupid…..when they get to the podium the entire auditorium becomes empty…no one wants to listen to someone making a speach and yet he’s coming from total darkness no Electricity….
I dont know why 3rd world countries bother going to the UN, apart from………
Business networking, they address empty rooms……….
They should just send business leaders there…….we have no voice in the world order.
Post some pictures of the empty hall Kikikikikikiki!
This move is politically motivated
So forfeiting unaccountable PF richers is political ????
Lo my my beloved Zambia. Totally finished. Ruling party is completely impotent and opposition has no message of what they are going to do to change the economic fortunes of Zambia should they be given the mandate. So sad that there is no where to run to.
Weep not………
It is a 5 year mandate,……..
Although it brings its own challenges, the season of plenty is comming with the rains in a few months time, ……..
Forwadee 2031………
Back to colonialism advocate YES YES YES
WHO CARES AS LONG AS WE LIVE IN A LAND OF MILK AND HONEY
Desperate times calls for ubupuba, kainde’s upnd pants are on fire, they have a long nose like a telephone wire!!!!!!!!!
ZWAAAAAAAAAAAAAAAAAAA!!!!!!!! The time is closing up on them very fast, so he is using ubututu as imingalato, i have never seen pathetic backward bunch, for real!!!!!!! It is time they went man!!!!
Chill badala……..
It is a 5 year mandate , let the people decide…….
Unless we have a drought that lasts untill 2026, we are confident of victory……..
Forwadee 2031
ZEDIANS have had enough of ubututu, arrogance, pride, all talk & blame games but no tangible actions & results. Question though is; what have they really done these saviors upnd, what really? Nothing!!!!! They will go down the history way so ashamed
In ZED, they remove professionals such as Permanent Secretaries ( Director Generals ) who have been in civil servants for so many years, very experienced and put their cadres such as that Kangwa boy from that tv series & that loud mouth, disrespecting Pilato who have no idea on how ministries run. How do you progress, how? You dimwits!!!! You backward colonised niggaz
Kaili you are busy saying there are no lacunas in the constitution, now see a president firing your judges. I love it here.
Well said……..
This is an attack on the judiciary and undermining our democracy. This fellow HH must go before he brings more shame on us!!
Those are bootlicking judges who will not defend the constitution when they are called upon to do so………
Apart from letting MPs overstay after dissolution of Parliament, are those the same judges who ruled lungu does not need to hand over power to the speaker after the death of the president ??!
Yes they are the “same judges who ruled lungu does not need to hand over power to the speaker after the death of the president” So you can see the weakness of judges who are answerable to the president? They will always rule for the incumbent president and that wont be justice. That is one reason why the President should be kept out of their operations.
To live well somebody should fear something. Under PF I felt like politicians never feared the people. They did not even fear God. This is all because they got everybody including judges in their pockets. I think judges need to fear something also. I am surprised that some lawyers are even debating this case on radio. Surely this serious contempt of court and lawyers for that matter. I am getting the feeling that that UNIP’s vision of one Zambia has expired. Everything that goes up should at some point come down.
They should fear relevant seniors in their profession, namely their commission. They should all fear the people, not one dictator.
I wonder how some people think. You have been told that the president acted based on the report by the Judicial Complaints Commission and yet you ignore that fact. What would you have done with the report? Just change the law on the appointment of Judges and move on. You complain when action is taken and you still complain when not. What then do you want? Thats why sometimes a mix of dictatorship and democracy is better for the sake of making progress. Nothing is ever good for everyone. Lets just wait and see what next since we are all just speculating on the reasons behind the suspensions.
From lacunae to firings of the judicial staff.
The sad part is that these judges were reported to the commission by a upnd cadre over the failed 2016 petition. Very sad.