Bally doesn’t want me on 2026 ballot, Faza cries to JCC
THREE days after the suspension of “his” judges, former president Edgar Lungu has cried to the Judicial Complaints Commission accusing current serving Constitutional Court judges of working to serve the interests of President Hakainde Hichilema.
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Lungu is at the Constitutional Court where his petition regarding his eligibility to contest future presidential elections after having held office twice, is yet to be heard.
Prior to the hearing of the main matter this morning, Lungu made a stopover at the Judicial Complaints Commission to lodge a complaint against Constitutional Court President Margaret Munalula her vice Arnold Shilimi and Mapani Kawimbe.
Lungu has cried foul saying his successor does not want to see him on the ballot in the 2026 general elections.
He said judge Munalula was among the judges complained against in 2016 together with three Judges Ann Sitali, Mungeni Mulenga and Palan Mulonda who were suspended by President Hakainde Hichilema and are now appearing before the disciplinary committee.
Lungu said the Court President has not been called before the JCC or suspended together with the judges whom he appointed that have been suspended.
“This creates a perception that she is there to serve the interest of President Hakainde Hichilema, more so that she rendered a decision favourable to the said President Hakainde Hichilema,” Lungu claimed.
Lungu said the worse part is that President Hichilema has made it clear that he does not want his name on the ballot paper in the 2026 General Elections.
He said Judge Arnold Shilimi is a close associate to President Hichilema and has not declared interest in the matter.
Lungu claims that the judge was secretary or director in companies that the current President had and has an interest in.
“The conclusion that can be drawn here is that he is there to serve the interest of the said President Hakainde Hichilema and this is because President Hakainde Hichilema has sworn that he will not allow me to be on the ballot paper in 2026,” Lungu says.
He also alleged that Judge Kawimbe is a close family relation to President Hakainde Hichilema and her husband Victor Mapani is the managing director at ZESCO, and she has not declared interest and continues to sit on a case were President Hakainde Hichilema has declared that he will not allow him to be on the ballot in 2026.
“The need to remain in power by President Hakainde Hichilema benefits his relations. Therefore, she has or can be perceived to have an interest to serve and should not therefore be sitting on the case,”Lungu said.
“The actions of the above judge amount to gross misconduct on their part and Article 143 (b) of the Constitution as amended under Act No, 2 of 2016. Further section 6(2)(a) of the Judicial Code of Conduct Act No 13 of 1999 does not permit any judicial officer to sit or participate in discussion or deciding a matter in which they have a personal or indirect interest.”
Lungu says the three Judges’ bias or perception and failure to declare interest amounts to gross misconduct.
He says their actions are in breach of the code of conduct and amount to gross misconduct which the law does not permit.
“The commission must therefore inquire into this matter without delay and make a determination in this matter,”said Lungu.
When the case was called this morning before seven judges among them; Justice Munalula, Shilimi, Martin Musaluke, Judy Mulongoti, Mudford Mwandenga, Mapani Kawimbe and Kenneth Mulife Lungu’s lawyer Makebi Zulu requested to have an audience with the bench and the parties in chambers.
“Our application is that see the court in chambers as counsel so we could bring to notice some issues that concern our client that could have a bearing on whether we could proceed this morning or not. we pray that the matter be stood down so that we can see the court in chambers,” said Zulu.
The matter has since been stood down.
In this case Michelo Chizombe is questioning Lungu’s Eligibility to contest the previous election and future presidential elections after having held office twice.
The youth activist has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents in the matter arguing that; Lungu contravened the constitution when he participated in the August 12, 2021 general elections.
He stated that the electoral body contravened the constitution when it accepted Lungu’s nomination and allowed him to be on the ballot paper for the 2021 presidential elections which enabled him to participate…https://kalemba.news/court/2024/09/26/bally-doesnt-want-me-on-2026-ballot-faza-cries-to-jcc/
By Mwaka Ndawa
Kalemba September 26, 2024.
Bally doesn’t want me on 2026 ballot, Lungu cries to JCC
