Zambia’s President Hakainde Hichilema has dismissed three top Constitutional Court judges over alleged judicial misconduct, intensifying accusations of political interference in the judiciary. The judges—Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda—were involved in the 2016 presidential petition that upheld the election victory of former President Edgar Lungu and allowed him to run again in 2021, despite having served two terms.
Their dismissal follows the rejection of their appeal against a Judicial Complaints Commission (JCC) recommendation for their suspension. A statement from the presidency confirmed their removal, citing constitutional powers granted to the president. The judges have yet to comment publicly.
“The removal of the judges is in exercise of the powers vested in the President under [the Zambian constitution],” it said.
The JCC had investigated them over allegations of gross misconduct following a complaint by Moses Kalonde, a private citizen. 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.
The dismissals have sparked mixed reactions across Zambia, particularly ahead of the 2026 elections where Hichilema and Lungu may face off for a fourth time. Political commentator Laura Miti noted that while the judges’ actions during the 2016 petition raised concerns, their removal appears politically motivated.
“My view is that the judges misbehaved spectacularly in the presidential petition in 2016. That being true this comes across as the president exacting revenge for their judgment which is highly concerning,” she said.
Meanwhile, Lungu’s lawyer, Makebi Zulu, condemned the move as an “illegality” and said “it was executive overreach aimed at interfering with the independence of the judiciary”. He said, “No judge should be disciplined for carrying out their judicial function.”
Zambia’s constitution allows the president to appoint and remove judges, but critics argue that this system compromises judicial independence. Academic Sishuwa Sishuwa pointed out that the issue lies in an executive-driven appointment process, which can lead to incompetence or bias in the judiciary.
Despite the controversy, the presidency maintains that the dismissals were in line with the law and not politically motivated. State House Chief Communication Strategist Whitney Mulobela emphasised that President Hichilema followed due process and acted based on the JCC’s findings of gross misconduct by the justices.
Melissa Enoch
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