By Enyichukwu Enemanna
President of Zambia, Hakainde Hichilema has fired three senior judges over alleged misconduct, which activists believe is in connection with a ruling that favoured the opposition.
The Constitutional Court judges had earlier been suspended for what the government called judicial misconduct, raising concern about political interference in the judiciary.
The judges presided over a presidential petition in 2016 in which they dismissed Hichilema’s suit against the electoral victory of former President Edgar Lungu.
They also took part in a ruling allowing Lungu to seek 2021 elections, despite serving twice as Zambia’s President.
Their sack came after an application in which they sought review of a decision of judicial panel of enquiry, which recommended their suspension suffered a setback.
A statement by the presidency on Sunday said they had been “removed with immediate effect” following a recommendation by the Judicial Complaints Commission (JCC).
“The removal of the judges is in exercise of the powers vested in the President under [the Zambian constitution],” it said.
The three judges Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda are yet to comment on the matter.
A private citizen, Moses Kalonde had filed complaint against the trio after which they were investigated over allegation of gross misconduct.
Last year, the JCC rejected a complaint from lawyer Joseph Busenga, who had petitioned for the removal of the three judges, alleging that they had mishandled the 2016 election petition.
Political tensions have been building up in Zambia ahead of elections in 2026, in which Hichilema and Lungu are expected to face each other for a fourth time.
Under Zambia’s constitution, all judges, including the chief justice, are appointed by the president upon the recommendation of the Judicial Service Commission and with the approval of the National Assembly.
Makebi Zulu, Lungu’s lawyer in the case, described the move an “illegality” telling the BBC that “it was executive overreach aimed at interfering with the independence of the judiciary”.
“No judge should be disciplined for carrying out their judicial function,” he said.
