Zambian President Fires Three Constitutional Court Judges Under Fire
Court Developments
Zambian President Hakainde Hichilema has sparked controversy by firing three constitutional court judges who issued a 2016 ruling that favored his political opponent, Edgar Lungu. The decision has been criticized by some as an example of executive interference in the judiciary.
Background
In 2016, Hichilema ran for president but lost to Lungu. He contested the outcome and the three judges, Mungeni Mulenga, Palan Musonda, and Annie Sitali, rejected his legal challenge.
The Ruling
The now-dismissed judges also issued a ruling allowing Lungu to run again in 2021, despite his having served twice as president. Lungu was president from 2015 to 2016 and then served a full term from 2016 to 2021.
Reactions
Laura Miti, a human rights activist and political commentator, expressed concerns that the president’s decision to fire the judges raises questions about the timing and motivations behind the move. "The position people are taking depends on their political leanings," she said. "On the other hand, there are those like myself who feel that because he is the person against whom this judgment went, using executive powers for what is [his] personal interest, is problematic."
Justifications
Defenders of the president’s decision point to the recommendation of a judicial commission that enforces a code of conduct for judges. The commission alleged that the judges engaged in misconduct over the 2016 ruling.
Constitutional Provisions
Under Zambia’s constitution, all judges, including the chief justice, are appointed by the president upon the recommendation of the Judicial Service Commission and with the approval of the National Assembly.
Controversy and Criticism
The decision to fire the judges has sparked controversy, with some accusing Hichilema of using his executive powers to target the judiciary. However, the government has defended the move, citing constitutional powers granted to the president.
FAQS
Q: What are the allegations against the fired judges?
A: The judges are accused of engaging in misconduct over a 2016 ruling that favored a political opponent.
Q: Why did the president recommend the firing of the judges?
A: The president alleged that the judges engaged in misconduct over the 2016 ruling.
Q: What are the arguments for and against the president’s decision?
A: Some argue that the president has the constitutional powers to fire judges, while others believe that the move is an example of executive interference in the judiciary.
Conclusion:
The controversy surrounding the firing of the three constitutional court judges highlights the ongoing debate about the role of the executive and the judiciary in Zambia. While some argue that the president’s decision is within his constitutional powers, others believe that it undermines the independence and integrity of the judiciary.
