HH finally fires ConCourt judges Mungeni Mulenga, Annie Sitali, and Palan Mulonda

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.