Critics accuse Zambian President Hakainde Hichilema of interference after he fired three Constitutional Court judges on Sunday over a 2016 ruling favoring a political opponent.
Hichilema fired the judges on the recommendation of a judicial commission which enforces a code of conduct for judges. Hichilema alleged the judges erred following a ruling they made when he was opposition leader in 2016.
At the time, Hichilema ran for president but lost to his arch-rival, Edgar Lungu. Hichilema contested the result. Justices Mungeni Mulenga, Palan Musonda and Annie Sitali dismissed the legal challenge.
The judges, now removed from office, also issued a ruling allowing Lungu to run again in 2021, despite having been president twice. Lungu served as president from 2015 to 2016 and then served a full term from 2016 to 2021.
Zambian presidents are limited to two five-year terms.
The decision to fire the judges has sparked controversy in the run-up to the 2026 general elections. Hichilema and Lungu are expected to face each other for the fourth time.
Laura Miti, a human rights activist and political commentator, told VOA that the president’s decision to fire the judges raises the question of why he waited until now to act. Miti said disciplinary action should have been taken much earlier to avoid accusations of interference in the justice system.
“The position people take depends on their political leanings,” she said. “There are those who say it is legal, that the president did not break any rules or laws by firing these judges.
“On the other hand, there are those like me who feel that because he is the person against whom this judgment was made, using executive powers for what is (his) personal interest is problematic,” he said. Miti said.
In an interview with state television, former Zambian Vice President Nevers Mumba defended the dismissals of Constitutional Court judges.
“None of us are immune from scrutiny, and if we find that some people have questions that need to be answered, I think the president has a responsibility to release that information,” said Mumbai.
But Makebi Zulu, Lungu’s lawyer, condemned the judges’ dismissal, calling it illegal.
“The executive cannot give the impression of wanting to correct the judgments of the courts,” Zulu said. “They do not have such jurisdiction because our legal system is created in such a way that there must be consistency in the decisions that are made. Decisions must be consistent in order to inspire hope and confidence in our justice system.
In an interview with VOA, presidential aide Clayson Hamasaka defended the judges’ removal, citing the constitutional powers granted to the president.
The justices have yet to comment publicly on the matter.
Zambia’s chief government spokesperson, Cornelius Mweetwa, told VOA that while Zambia’s justice system enjoys some independence, that autonomy has limits.
“The president acts within the law because the constitution provides that, on the recommendation of the Judicial Complaints Commission, the president must remove judges,” he said. “That’s exactly what he did. This is about defending the rule of law and has nothing to do with undermining judicial independence. »
The Zambia Judicial Complaints Commission enforces the Code of Conduct for Judges.
According to the Zambian constitution, all judges, including the Chief Justice, are appointed by the President on the recommendation of the Judicial Service Commission and with the approval of the National Assembly.
