Zambia’s President Hakainde Hichilema has suspended three Constitutional Court judges over allegations of judicial misconduct, a move that has ignited accusations of political interference in the judiciary. The suspended judges, Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda, had previously dismissed Hichilema’s 2016 presidential election petition and allowed former President Edgar Lungu to contest the 2021 elections despite his two prior terms in office.
The suspension comes at a critical time as Zambia prepares for its 2026 elections, where Hichilema and Lungu are expected to face off again. The three judges were due to preside over a key case determining whether Lungu could contest the 2026 elections.
The judges’ suspension followed recommendations from the Judicial Complaints Commission (JCC), which investigated complaints against them, including a petition filed by lawyer-turned-diplomat Joseph Busenga. The JCC’s two-year investigation concluded with a recommendation for their suspension, which Hichilema acted upon.
The decision has drawn widespread criticism, particularly from Lungu’s Patriotic Front (PF) party, which claims the suspension is illegal and threatens the independence of the judiciary. Lungu called on Zambians to stand against what he described as an injustice, warning of the dangers posed by a compromised judiciary.
“I want to say to the Zambian people that the time has come for you to stand up and fight the injustice which is being applied to the judiciary because when we lose the judiciary, we would have lost everything,” Lungu told journalists on Tuesday.
Social and political commentators have weighed in, with some arguing that while the judges’ removal might be justified, the timing suggests political motivations. Political analyst Sishuwa Sishuwa described Hichilema’s actions as a “dangerous political game” aimed at sidelining Lungu ahead of the next presidential race.
Social and political commentator Laura Miti says the judges deserve to be sacked but the president is at least partly motivated by revenge. “My honest view is that the judges harmed the country and now the president is doing the same,” she wrote on her Facebook page.
The suspended judges now face disciplinary proceedings, which will determine whether they are reinstated or removed from the bench. Under Zambia’s constitution, the president has the authority to appoint and remove judges, a power critics say undermines judicial independence.
The controversy surrounding the suspension raises concerns about the politicisation of Zambia’s judiciary, with implications for the country’s democratic processes as it gears up for the 2026 elections.
Melissa Enoch
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