The Lusaka high court has dismissed a petition to remove chief Justice Ernest Sakala and Supreme Court Judge Peter Chitengi from their offices.
High Court Judge Munalula Lisimba dismissed the petition by Lusaka lawyer John Sangwa after a two hour judgement on Thursday.
The Judge dismissed the petition on grounds that article 98 of the Zambian constitution does not provide for ratification of re-appointed judges.
He told the court that this is not with-standing that article 93 of the Zambian constitution requires judges appointed for the first time to be ratified by parliament.
Judge Lisimba said relying on article 98 of the constitution, a Supreme Court judge can be re-appointed under the president’s pleasure, without parliamentary ratification.
He further contended that Supreme Court judges cannot be subjected to the judicial service commission for scrutiny, before being re-appointed because they are members of the commission.
Judge Lisimba rejected the petitioners’ submission and contended that the petition was calculated to embarrass Justice Sakala and Judge Chitengi.
Recently Lusaka Lawyer John Sangwa petitioned Chief Justice Sakala and Judge Chitengi to vacate their offices.
Mr. Sangwa submitted that the two have attained retirement age and have not been ratified by parliament.