Hichilema under fire for sacking top judges

Critics are accusing Zambian President Hakainde Hichilema of judicial interference after he fired three Constitutional Court judges over a 2016 ruling that favoured a political opponent. Hichilema fired the judges on the recommendation of a judicial commission that enforces a code of conduct for judges, Voice of America reports. Hichilema alleged that the judges engaged in misconduct over a ruling they made when he was opposition leader in 2016. Back then, Hichilema had run for President but lost to a sworn rival, Edgar Lungu. Hichilema contested the outcome. Judges Mungeni Mulenga, Palan Musonda and Annie Sitali rejected the legal challenge. The now-dismissed judges also issued a ruling allowing Lungu to run again in 2021, despite his having served twice as President. The decision to fire the judges sparked controversy as it comes ahead of the 2026 general elections. Hichilema and Lungu are expected to face each other for a fourth time.

The President’s decision to fire the judges raises questions as to why he waited until now to act, according to Laura Miti, a human rights activist and political commentator, in the VOA report. Miti said disciplinary action should have been taken much earlier to avoid accusations of interference in the judicial system. Makebi Zulu, who is Lungu‘s lawyer, condemned the firing of the judges, describing it as illegal. ‘The executive cannot be seen to be wanting to correct judgments of the courts,’ Zulu said. ‘They have no such jurisdiction because our legal system is created in such a way that there has to be consistency in the decisions that are being made. Decisions have to be consistent for the purposes of inspiring hope, inspiring trust in our judicial system.’ Presidential aide Clayson Hamasaka defended the dismissal of the judges, citing constitutional powers granted to the President. Zambia‘s chief government spokesperson, Cornelius Mweetwa, said while the judiciary in Zambia enjoys a measure of independence, such autonomy comes with limits. ‘The President is acting within the precincts of the law because the constitution provides that upon recommendation from the Judicial Complaints Commission, the President shall remove the judges,’ he said. ‘That is exactly what he has done. It is upholding the rule of law and nothing to do with undermining judicial independence.’ 

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