Ex-President seeks judges' recusal in elections case

Former Zambian President Edgar Lungu has filed a notice of motion in the Constitutional Court, requesting the recusal of three judges from presiding over a case to determine his eligibility to contest the 2021 general election and any future elections. The motion, supported by an affidavit, names Constitutional Court President Margaret Munalula, her Deputy Arnold Shilimi and Judge Mapani Kawimbe, alleging potential bias. The Lusaka Times says in his affidavit, Lungu contends that Munalula had previously delivered dissenting judgments between 2016 and 2021 in favour of President Hakainde Hichilema. He also notes that Munalula was among a group of judges reported to the Judicial Complaints Commission several years ago, alongside three suspended judges: Annie Sitali, Palani Mulonda and Mugeni Mulenga. Additionally, Lungu claims that Shilimi is a professional associate of Hichilema, raising concerns about impartiality. He further alleges that Kawimbe may have a familial connection with Hichilema, which, according to Lungu, could influence the judge’s stance on the case. Tomorrow, the top court will consider Lungu’s request for the judges’ recusal. This motion is part of a broader case initiated by youth activist Michelo Chizombe, who has asked the Constitutional Court to determine whether Lungu was eligible to run in the 2021 general election and if he can participate in future elections. As reported in Legalbrief's A Matter of Justice column this week, tensions are high in Zambia following Lungu's apparent interest in returning to politics, and the top court's decision will have significant implications for the country's political landscape as it examines the legal standing of Lungu’s candidacy.

Full Lusaka Times report