By Francis Chipalo
A consortium of Civil Society Organizations – CSOs has expressed concern with the recent suspension of three Constitutional Court judges by President Hakainde Hichilema.
President Hichilema, acting on the recommendation in the report presented to him by the Judicial Complaints Commission Suspended three (3) Judges of the Constitution Court of Zambia.
The Suspended Judges include Justice Annie Sitali, Justice Mungeni Mulenga and Justice Palan Mulonda.
State House Chief Communications Specialist Clayson Hamaska stated that the suspension of the three is in exercise of the powers vested in the President in Article 144 (3) of the Constitution of the Republic of Zambia.
However, the suspension of the trio has attracted concerns from various stakeholders, among them, the civil society movement.
In a statement made available to Lusaka Radio news, the CSOs, among them, the Alliance for Community Action, Alliance for Accountability Advocates Zambia, Action Aid Zambia and Chapter One Foundation have stated that the recent suspension of the three judges has exposed weakness in Zambia’s judicial removal procedures.
While intended to ensure accountability, the CSOs have argued that the suspension of the judges can appear to be politically motivated, particularly where transparency is lacking.
The CSOs through Chapter One Foundation executive director, Josiah Kalala have observed that the lack of transparency in the process raises serious concerns about fairness, undermines public confidence in the judiciary, and threatens rule of law.
Kalala further says the current system fails to ensure accountability and fosters suspicion of political interference.
He adds that the current mechanism for removal of judges, where the President appoints members of the judicial Complaints Commission who then make recommendations to the President is deeply flawed, saying that the systems, despite being subject for National Assembly ratification, lacks adherence to independent oversight and is vulnerable to bias and political presence.
