PRESIDENT HH’s DISMISSAL OF JUDGES HAS COMPROMISED JUDGEMENTS AND THE ENTIRE JUDICIARY
“The Chief Justice Mumba Malila has failed to protect his judges from political abuse.”
LUSAKA, Saturday, October 26, 2024
From the onset, the United Kwacha Alliance wishes to categorically state that the dismissal of three Constitutional Court judges by President Hakainde Hichilema is an assault on the judiciary and an affront to Zambia’s democracy, which is anchored on the Principle of the Separation of Powers.
We find President Hichilema’s decision to dismiss judges Palan Mulonda, Mungeni Mulenga and Anne Sitali disturbing , especially that they are perceived to have ruled against him in the 2016 presidential election petition. We find this unfortunate incident as a blatant act of vengeance and a desecration of the judiciary, a sacred institution that all Zambians depend on for justice and settlement of disputes.
What we find more appalling is the fact that the three Honorable Judges were cleared of allegations of misconduct by the Judicial Complaints Commission-JCC on more than two occasions and it is strange that the same Commission has u-turned on its earlier decision to recommend their dismissal to the President on biased charges.
This decision confirms our fears that President Hichilema and his administration are hell-bent on interfering with the judiciary for selfish political reasons. The move is also ill-timed, especially that the Constitutional Court is expected to rule on the eligibility case of former President Edgar Lungu as well as other high-profile political cases.
We also fear that this act will further erode public confidence in the Judiciary, which is already at its lowest in recent times.
Judges enjoy security of tenure as provided for in our Republican Constitution and it is unfortunate this is no longer the case under the New Dawn administration where wanton breach of the supreme law of the land has become a norm.
Zambia is a Constitutional Democracy, which is anchored on the independence of the Judiciary, Legislature and Executive and this separation of powers must be respected and upheld at all to guarantee a functioning democracy.
We, therefore, call on Chief Justice Mumba Malila to rise up and defend and protect his Judges from intimidation and harassment from the Executive arm of Government as it is apparent that the three Constitutional Court judges have been punished for executing their mandate as provided for in the Constitution.
We also urged the Law Association of Zambia-LAZ, the church, civil society organizations and political parties to speak out against this interference in the Judiciary as it has the potential to undermine the gains that Zambia has made as a constitutional democracy.
In conclusion, we call upon Zambians to remain peaceful but not to be cowed into submission by a leadership that is determined to take away their fundamental rights of free speech, freedom of assembly and association.
Silavwe Jackson
Chairperson Commmuications
United Kwacha Alliance-UKA
PRESIDENT HH’s DISMISSAL OF JUDGES HAS COMPROMISED JUDGEMENTS AND THE ENTIRE JUDICIARY
