President Hichilema’s Dismissal of ConCourt Judges Follows Constitutional Procedure, Ensures Judicial Integrity
In a decisive move aimed at upholding the rule of law and safeguarding the integrity of Zambia’s judiciary, President Hakainde Hichilema has dismissed three Constitutional Court judges Mungeni Mulenga, Annie Sitali, and Palan Mulonda. This action, effective immediately as per a letter dated October 20, 2024, follows a detailed investigation and formal recommendation by the Judicial Complaints Commission (JCC). The President’s decision underscores his administration’s commitment to transparency, accountability, and the constitutional order.
The suspension and subsequent removal of these judges were not only legally justified but also carried out in full compliance with the Zambian Constitution. Under Article 144, the President holds the authority to remove judges based on recommendations from the JCC, an independent body tasked with investigating judicial misconduct. The decision to act on this recommendation highlights the administration’s resolve to maintain a judiciary that operates above reproach, free from allegations of bias or unethical behavior.
The Judicial Complaints Commission, after conducting a thorough inquiry, found evidence of serious breaches of judicial conduct among the three judges. Given the vital role that the Constitutional Court plays in interpreting the nation’s laws and presiding over matters of national importance, the integrity of its judges is paramount. Any actions that cast doubt on the impartiality or competence of these judges threaten the foundations of Zambia’s legal system.
The UPND administration emphasizes that this decision was made to restore and reinforce public confidence in the judiciary. The removal of the judges was not politically motivated but was a necessary response to the findings of an independent and legally mandated body. The government strongly refutes any claims that this move undermines judicial independence. On the contrary, the administration believes that holding judges accountable when they fall short of ethical standards strengthens the independence and credibility of the judiciary.
The Constitutional Court is an institution of immense responsibility, tasked with interpreting the Constitution and protecting citizens’ rights. It is imperative that the individuals entrusted with these roles adhere to the highest standards of professionalism and ethics. By removing judges whose conduct has been called into question, President Hichilema is ensuring that only those who meet these high standards continue to serve the Zambian people.
Importantly, the process followed in this case was transparent and strictly adhered to the constitutional framework. The three judges were initially suspended following the presentation of evidence to the JCC, and a thorough hearing was conducted. This legal process ensured that their rights were respected while addressing the concerns raised regarding their conduct. It is this transparent and procedural approach that upholds the rule of law in Zambia, a core value of the UPND government.
Critics of the President’s decision have suggested that it is politically motivated, particularly in light of the political landscape in Zambia. However, this interpretation overlooks the critical role of the JCC and the fact that the recommendation to remove the judges was based purely on the findings of an independent investigation. The UPND believes that Zambia’s judiciary must operate free from any political interference or suspicion of bias, and this action reinforces the administration’s commitment to that principle.
The President’s authority to act in this regard is constitutionally enshrined, and his decision reflects the very purpose of the JCC’s role in ensuring that the judiciary remains fair and impartial. Upholding judicial integrity is crucial for any functioning democracy, and the UPND administration remains firm in its belief that no one, including members of the judiciary, is above the law. The removal of these judges is a necessary step toward ensuring a judiciary that commands the full confidence of the Zambian people.
President Hichilema’s government reiterates that the rule of law, transparency, and accountability are central tenets of its governance. By acting swiftly and decisively on the JCC’s findings, the President has taken a bold step in ensuring that the judiciary remains independent, trustworthy, and committed to upholding the values enshrined in the Zambian Constitution.
The dismissal of Judges Mulenga, Sitali, and Mulonda was conducted within the boundaries of the law, following constitutional processes and based on the findings of an independent investigative body. The UPND government assures the Zambian people that this action is not only legal but also necessary to protect the integrity of the country’s judiciary. Zambia’s democracy can only thrive when all branches of government, including the judiciary, operate with the highest levels of transparency and accountability, which this administration is firmly committed to upholding.
Eustus Banda
Already overdue; I just hope that their replacements will not follow the nepo model apparently showing on the ground.
Why you people when your father divorce, and hoping your next step mother will be better?
Power is sweet…the Supreme leader Ayatollah Hakainde Hichilema knows that he has become very unpopular and definitely he can’t win free and fair elections unless he manipulates the Judiciary and the ECZ…..shame on you Hakainde Hichilema
The end is bitter…and I think HH’s end will be very bitter….HH should be in prison in 2026
ECL instead should be in prison. Just look at the overwhelming family court cases. Unbelievable!
And someone says it’s constitutional… come 2026 another one will it was unconstitutional. And the charade goes on.
This is done deal and sounds well. Can I hear the opposition say something? Where’s John Sangwa and what is he saying that his people have been nubed out of the race
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
First time a president has refused to live into the official resident…. superstition
Let us not be naive, HH is not the first president not to live in State House. Edgar Lungu practically lived in State Lodge. There is no crime committed by not moving to State House. Frankly, even I wouldn’t want to live where I work from. Focus on more important things.
First time? Chiluba waited for prayers to be conducted in State House before he could shift.
A lesson to professionals. Do what is right and not what is convenient. This applies despite the regime that is in office. Let us see just how motivated Edgar Lungu will be to defend the interests of Zambians now that he may not be on the ballot.
Imwe ba 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.
Kindly people learn to respect our leaders even if you do not agree with them, and mind you Zambia is bigger than all of us, and it’s not short of leaders, please stop this nonsense of alebwelapo. God has already lined up the leaders for Zambia, and so they will keep on coming and going according to their assigned time. The best advice to our leaders is that when your time finishes just simply move out of Lusaka to your hometown and stay there in peace. No one will bother you, you will be always respected, do not attempt to come back in politics your time is over forget it Sir/madam.
JCC is not an independent body. It is appointed by the President and he chooses people who are ALREADY aligned to his way of thinking. These were his lawyers during the Election Petition and they walked out of court against the decisions of the same judges. This process is not fair. Come another President, the process will repeat. We need to look again at this law.
The ConCourt should be abolished. Not fit for purpose! I submit…No one will miss it!
There is nothing wrong with the ConCourt. Only the first Judges were misused very unfortunately by a Lawyer who purported that he won presidential elections. The Lawyer President thought that he was the must of Law and yet, he was just one of those cheap crooks found in chazanga, malipodi, chaisa. Only he was a lucky man because of relationships. As Africans and traditionally, we normally do not live anyone behind. But cheap crooks can go as far as swizz bank and leave you…mooga ka like kabuzi kakudwa mapepa in Chaisa.
Is there a need for the constitutional court?
Was it just not something that was introduced by Lungu with the hope of manipulating the legal system?
You could be right. The Constitutional Court in Zambia doesnt seem to be functioning like the others that I know. The one in South Africa serves as the highest court in the country on constitutional matters.
It is there to uphold, protect, and interpret the Constitution or the supreme law of the land. The court safeguards democracy, human rights, and the rule of law.
How come the Zambian constitutional court dismissed a hearing just because time had elapsed? Wasnt that an abrogation of its duties? We would have wanted to hear plenty of arguments to straighten out our constitution but because they had to side with the government they dismissed HH’s appeal. Given that we havent changed anything whats going to stop the current Judiciary from siding with the President?
How can it be a transparent process when what they are alleged to have done is not known to us the public who are the true masters. The hearing was also in camera.
Our dumb journalists should have demanded for the right to know. They should have filed court cases for this case to be published or reported upon
The decisions these three hyenas turncoats made on both the election petition and Lungu’s eligibility were stinking, pure kamikaze toilet acrobatics! They deserve being fired, they’re actually lucky because if it was in Jerry Rawlings’ Ghana, they would have been shot dead!
Long overdue.
The recurring manipulation of institutions and autocratic behaviour as the elections approach follow the same old Zambia pattern. However, what’s truly disheartening is that UPND was given a mandate to be a party with a difference, to uphold the rule of law and the principles of a liberal democratic nation. Undoubtedly, undermining the judiciary poses a significant threat to Zambia’s peace and stability.
The content of this article is clearly propaganda aimed at influencing the 2026 election in support of an unpopular President and party. The removal of the judges has a dual purpose: first, to exclude Edgar Lungu from the 2026 ballot, and second, to intimidate judges across the Judicary from ruling against the government in critical cases by threatening them with retaliation.
Integrity my foot… when yourself do not have..
How does President Hichilema’s action ensure that high standards of professionalism and ethics are maintained in Zambia’s Constitutional Court?
Regard