In a move that has prompted significant political debate, Zambian President Hakainde Hichilema has dismissed three high-ranking judges from the Constitutional Court. This action comes after the judges, who played critical roles in past presidential petitions, had previously been suspended over alleged judicial misconduct. Their rulings included the rejection of Hichilema’s challenge to Edgar Lungu’s 2016 election victory and a decision permitting Lungu to compete in the 2021 elections despite his prior terms in office.
The removal announcement, made via a presidential statement on Sunday, has raised alarm bells regarding potential executive overreach and political meddling in the judicial system. The judiciary's integrity is now under scrutiny as critics express concern that Hichilema's actions may represent revenge for unfavorable rulings in the past.
The judges, Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda, were dismissed following recommendations from the Judicial Complaints Commission (JCC), which had investigated them based on a complaint from a private citizen. This investigation followed previous attempts to discredit the judges, including a dismissed complaint regarding their handling of the 2016 election petition.
Reactions to their dismissal are mixed within Zambian society. While some observers support Hichilema’s decision, considering the judges' past actions as misconduct, others, including Makebi Zulu, Lungu's lawyer, view the dismissal as indicative of an alarming trend towards undermining judicial independence.
Political analyst Sishuwa Sishuwa has weighed in on the ongoing issue, emphasizing that Zambia's system for judicial appointment fundamentally requires reform to avoid the continuation of a cycle involving unqualified judges, regardless of the administration in power.
As Zambia gears up for the 2026 elections, tensions between Hichilema and Lungu, who may once again be rivals, are intensifying. This latest incident compounds the dialogue around judicial accountability versus political influence in Zambia.