In a dramatic legal development, the Lusaka High Court has blocked President Hakainde Hichilema’s decision to suspend three Constitutional Court judges: Justice Anne Sitali, Justice Mugeni Siwale Mulenga, and Justice Palan Mulonda. This ruling underscores a critical showdown between the executive branch, led by President Hichilema, and the judiciary. At the center of this battle is the Judicial Complaints Commission (JCC), a vital body responsible for upholding judicial standards and safeguarding the independence of the judiciary.
In a sharp rebuke of the executive’s decision, a three-person committee of High Court judges, Charles Zulu, Chilombo Bridget Maka, and TS Musonda, has granted a stay of execution against the suspension of the three Constitutional Court judges. The injunction effectively freezes the suspension, with the stipulation that it will remain on hold until the Judicial Complaints Commission concludes its proceedings, scheduled for 30th September 2024. This legal intervention highlights the judiciary’s role in maintaining a balance of power, serving as a check on executive authority.
While the President holds constitutional authority to suspend judges, the Judicial Complaints Commission acts as an oversight body, ensuring no arbitrary actions are taken. The High Court’s decision reflects the importance of this balance, where the judiciary asserts its independence in the face of executive decisions.
The genesis of the suspension stems from President Hichilema’s controversial decision to suspend the three judges, although the specific reasons for their suspension remain unclear. Such suspensions are generally linked to accusations of misconduct or actions that cast doubt on a judge’s professionalism. However, under Zambian law, while the President has the power to suspend judges, the final say lies with the Judicial Complaints Commission, which reviews the legitimacy of such actions.
The judges did not accept their suspension quietly and swiftly mounted a legal challenge. Their efforts resulted in the stay of execution granted by the High Court, allowing them to continue their duties while awaiting the JCC’s ruling. The legal maneuver, spearheaded by High Court judges Zulu, Maka, and Musonda, has effectively put the President’s decision on hold, ensuring that the judges can return to work pending the Commission’s formal hearing at the end of September.
For the time being, Justices Sitali, Siwale Mulenga, and Mulonda remain on the Constitutional Court bench, their suspension temporarily frozen. The upcoming hearing is now crucial, as it will determine whether the suspension was legally justified or if the judiciary will prevail in its defense against executive overreach. The stakes are high, with not only the future of these judges hanging in the balance but also the integrity of Zambia’s judiciary itself.
This case highlights a fundamental struggle between executive power and judicial independence, as Zambia’s checks and balances are put to the test in a high-profile legal battle. The outcome will have lasting implications for the relationship between the branches of government and the broader political landscape in the country.
As Zambia waits for the Judicial Complaints Commission’s ruling, the High Court’s intervention has raised significant questions about the limits of presidential authority when dealing with the judiciary. The 30th September hearing will be pivotal in determining whether the President’s suspension of the judges was an appropriate use of power or an executive overreach. For now, the legal system has demonstrated its resilience, underscoring the importance of the rule of law as a counterbalance to the political elite.
We are a democracy and not an autocracy as some would like!
Yeah my man! Viva Democracy! I hope blogger Katana is reading this
WoW! Now our democracy is in motion. I am really impressed with our Judiciary. The past week, my drinking mates were shouting that without John Sangwa the Judiciary is a Pen house. A pen is where chickens are kept. They are now swallowing their words. I hope there’s a positive lesson in this for all of us, hope all rights will be fought for like the Judiciary’s. Iam alluding to that down trodden right called freedom of expression, freedom of speech freedom of the media
The young man MWANZA expressed himself reminding HH of the election promises he made. MWANZA has been locked up. Are we in Lusaka or in Pyong Yang?
Seashure’s disciple
Mwanza is a nuance when he is drunk.
He needs to learn respect.
Some sanity.
We need to resist the autocratic maneuvering of Mr hh.
My POV is that if you have to blame anyone, it’s the JCC, whose recommendation had to be acted upon by the president. To fail to act within 7 days would be usurping the powers of the JCC, which in itself is unconstitutional. Double edged sword!
Mayo Mpapa please explain for all of us how it is unconstitutional.
I think whoever is to blame is who passed our constitution with so many flaws???
I have argued elsewhere that the constitution of the Republic of Zambia has adequate protections for judges. If a judge has been behaving as a judge should, there’s nothing to fear in Zambia. However, the protection judges enjoy is not absolute and that is as good as it gets. The High Court has not stopped JCC action from going ahead and that’s a good thing. There are certain questions the three judges ought to answer satisfactorily regarding the 2016 presidential election petition. In fact the entire bench was a big let down, especially the now retired president of the court Hilda Chibomba.
“This legal intervention highlights the judiciary’s role in maintaining a balance of power, serving as a check on executive authority”.
Under normal circumstances, what this high court should have done was to challenge the report and recommendation of the JCC to the president. The President followed the procedure of acting on the report and recommendation of the JCC. Fortunately the high has not stopped the next actions of the JCC. Therefore those judges called to account for their actions and decisions have the opportunity to defend their actions.
The High Court did what it was asked to do. It refused to take sides in the matter between the three Constitutional Court judges and the JCC. I hope the JCC is alive to the fact that there’s concern that the judges have appeared before it before on these same charges. It’s important to demonstrate that there are new issues that were not addressed last time for the latest proceedings to be seen as justified.
“However, under Zambian law, while the President has the power to suspend judges, the final say lies with the Judicial Complaints Commission, which reviews the legitimacy of such actions”
Lusambo and Malanji are you seeing what you should have done in your case?
The problem with our judiciary is the seed of corruption that was planted and watered by the previous regime of ecl. Cleaning the mess, is interpreted oppositely. Even just arresting and prosecuting famous economic plunderers, I either taken as political or tribal. Zambia can’t develop in this way. And generally most Zambian lawyers are a let down.
Exactly……….
To the point………
They like to much drama and mulomo……..
This is just to mask their laziness to work positively and develop this country…….
Now with #2, the President should never suspend a judge… in a democracy, the Judiciary is one third (1/3) of the 3 arms of govt… the Legislature, Judiciary and Executive branches. They are one and equal, and the President is not any more powerful than the other two… and in this case, this ruling is in order. However, that’s not how our Constitution is currently written. This needs to be fixed.
By the way who sits on this JCC, is it another Kangaroo court which can easily be manipulated and abused?
What democracy are people celebrating? Legal Theatrics!! My foot!! We need a Paul Kagame to clean up the mess in this sh*thole called Zambia. Welensky must be laughing in his grave!! We are such corrupt, tribalist hypocrites who celebrate criminality, thuggery and corruption as longeras it dine by a tribesmate or regionmate.
The judges in Zambia are corrupt. The prosecutors at their office with Lusaka police central station move with files full of cases to approach and to receive bribes from those involved in crimes. What else can the President do?
It’s a mission in futility, they will end up losing anyway. It was a highly mischievous act of these judges to rule the way they did in the UPND elections petition, had it been in Ghana’s Rawlings Judicial move, they would all be sleeping with fishes by now!
It’s a mission in futility, they will end up losing anyway. It was a highly mischievous act of these judges to rule the way they did in the UPND elections petition, had it been in Ghana’s Rawlings Judicial move, they would all be sleeping with fishes by now!!!!
………..
This so called democracy is not for everyone……….
We are busy fighting over silly technicalities,………
If you are corrupt, your are corrupt……..
Mean while our friends in Asia are making sure factories are opening……