Published on 26/09/2024
Zambia’s President Hakainde Hichilema has suspended three top judges accusing them of judicial misconduct. The decision sparked outrage with critics calling it a move to control the judiciary.
In 2016, these same judges dismissed Hichilema’s election challenge against former President Edgar Lungu. Now in power, his actions are seen by some as revenge while others argue it’s about justice. The country watches, divided on the implications for democracy.
They also took part in a controversial ruling allowing Lungu to stand in the 2021 elections, despite having twice served as Zambia’s president.
Political tensions are rising in Zambia ahead of elections in 2026, when Hichilema and Lungu are expected to face each other for a fourth time.
The three were due to be part of a bench sitting on Thursday in a case which would decide whether Lungu can contest those elections.
The judges’ suspension, which has sparked sharp reactions, was based on recommendations by a panel which investigates them, the presidency said.
The suspended judges – Justice Annie Sitali, Justice Mungeni Mulenga and Justice Palan Mulonda – are yet to comment on the matter.
The trio have been investigated by the Judicial Complaints Commission (JCC), following a complaint by lawyer Joseph Busenga over their judicial conduct.
Mr Busenga, who now works as a diplomat at the Zambian embassy in Belgium, in 2022 petitioned the JCC to remove the three judges from office citing the “improper manner” in which they had handled the 2016 presidential election petition.
They ruled against Hichilema and in favour of Lungu, the man he eventually replaced.
After two years of investigations, President Hichilema on Monday suspended them on the recommendation of the JCC, the presidency said.
“The suspensions of the three is in exercise of the powers vested in the president,” the presidency statement stated, without giving further details.
The move sparked sharp criticism, with Lungu’s Patriotic Front (PF) saying the suspension was illegal.
“I want to say to the Zambian people that the time has come for you to stand up and fight the injustice which is being applied to the judiciary because when we lose the judiciary, we would have lost everything,” Lungu told journalists on Tuesday.
Activists have also accused President Hichilema of meddling in the independence of the judiciary.
Neither the president nor his office have responded to the accusation.
However, some argue that the judiciary has already become politicised.
Social and political commentator Laura Miti says the judges deserve to be sacked but the president is at least partly motivated by revenge.
“My honest view is that the judges harmed the country and now and the president is doing the same,” she wrote on her Facebook page.
The judges’ suspension comes barely 48 hours before the Constitutional Court sits to hear Lungu’s re-opened eligibility case.
The former president has announced a political comeback and is set to contest the 2026 presidential race – against Hichilema.
“It is an extremely dangerous political game that Hichilema is playing over this desire to exclude Lungu,” political analyst Sishuwa Sishuwa posted on X.
The three judges will now go through a disciplinary procedure, after which they will either be removed from the bench or be reinstated.
Under Zambia’s constitution, all judges, including the chief justice, are appointed by the president upon the recommendation of the JCC and with the approval of the National Assembly.
Critics say the president’s involvement in the appointment and removal of judges compromises the independence of the judiciary.
