Zambian President, Hakainde Hichilema, has finally sacked three Constitutional Court judges whom he had earlier placed on suspension.
The affected judges, whose sacks are with immediate effect according to a statement by State House Chief Communications Specialist, Clayson Hamasaka, are Anne Sitali, Mungeni Mulenga, and Palan Mulonda.
Hamasaka, who announced the decision in a statement on Sunday evening, stated that the President acted on a recommendation from the Judicial Complaints Commission (JCC).
“The removal of the judges is in exercise of the powers vested in the President under Article 143 (b) and (c) of the Constitution of the Republic of Zambia,” said Hamasaka.
Before their dismissal, the three judges had been suspended by President Hichilema who had then sought a judicial review from the Lusaka High Court, arguing that their suspension violated the principle of res judicata, meaning the case had already been settled.
The judges had also contended that the complaint, initially filed by Moses Kalonde, stemmed from the 2016 presidential election petition between Hichilema and former President Edgar Lungu, which was concluded in 2017.
They had sought to quash the JCC’s decision to reopen the matter, asserting that earlier complaints, resolved by Emmanuel Mtonga, Alfred Chims Mbewe, and Douglas Syakalima, had settled it.
The judges also requested a stay of the JCC proceedings, scheduled for 30 September, and the suspension itself, pending the High Court’s decision.
The judges had also called for an expedited hearing, with costs to be borne by the Attorney General, represented by Messrs Sam Chisulo and Company.
However, the court quickly dismissed their case, ruling that it lacked jurisdiction to hear the matter.