The Lusaka High Court has granted three suspended Constitutional Court judges—Charles Zulu, Chilombo Maka, and Twambo Musonda—leave to apply for judicial review challenging their suspension. The court also issued a stay of execution against President Hakainde Hichilema's decision to suspend them.
Details of the Ruling
Judges Zulu, Maka, and Musonda received the injunction against their suspension, with the court noting that “the grant of leave shall operate as a stay pending proceedings before the Judicial Complaints Commission (JCC) scheduled for September 30, 2024.” This decision allows the judges to remain in their positions while they challenge the suspension.
Background on the Suspension
President Hichilema suspended judges Annie Sitali, Mungeni Mulenga, and Palan Mulonda based on a recommendation from the Judicial Complaints Commission. This action was taken under the authority granted to the President by Article 144 (3) of the Constitution of Zambia. The suspended judges felt that their removal was unjust and quickly sought recourse in the High Court.
Legal Grounds for Challenge
In their application for judicial review, the judges aimed to quash the JCC’s decision made on September 23, 2024, to reopen a matter concerning a petition filed under cause number 2016/CCZ/0031 between Hakainde Hichilema and Edgar Lungu.
Additionally, they sought to challenge the JCC's jurisdiction regarding a complaint by Moses Kalonde related to the handling of the presidential election case. The judges argued that the issues raised in Kalonde's complaint had already been addressed and resolved in earlier complaints from 2016.
Next Steps
The trio is seeking a court order to quash President Hichilema's decision to suspend them, asserting that the JCC lacked jurisdiction to recommend such action. The upcoming hearing on September 30 will be crucial in determining the judges' fate and the validity of the suspension.
Stay tuned for further updates on this developing legal situation, which raises significant questions about judicial independence and governance in Zambia.