President Edgar Lungu has sworn in five judges to preside over the constitutional court.
The 5 sworn in are Justice Hilda Chibomba as President of the court, Justice Anne Sitali, Justice Mugeni Mulenga, Justice Enock Mulembe and Justice Palan Mulonda as constitutional court judges.
And speaking during the swearing in ceremony at State House this morning, President Lungu says Zambians are looking up to the constitutional court to provide guidance over contentious issues such as the Grade 12 certificate clause among others clauses.
President Lungu has assured that the executive will do the best to ensure that they settle quickly and give them all the support to ensure that justice prevails especially as the country goes towards elections.
He says the constitutional court will be very busy during election time.
He has urged them to do their utmost best and has further expressed confidence that they will carry out their duties as expected by the people of Zambia
Finally Mulenga Mungeni is rewarded for doing dirty work for Lungu.
Anyway, one would have thought these would be mere nominations, subject to confirmation by Parliament. But nah! In Zambia ni cipantepante!
At that level, they should have been proposed and ratified by parliament.
@Misango Yaba Chaimani, mwikali kwisa bane. Those names were taken to Parliament and were ratified. That’s the problem of always wanting to find fault. Lungu proposed those names and Parliament ratified them. Relax bane. Speed kills
Dull PF Cardres will say, ifintu ni Lungu.
Is this court really necessary? We`ve an adequate judicial system., except its corrupt and incompetent. Even this Constitutional Court will be marinated in corruption. What is needed is what is needed is competent leadership to fix the corrupt and incompetent judicial system.
None of the judges Edgar has appointed are qualified for the task. All these pretenders used to either sign conveyance contracts or teach. What don’t understand is why knowing they are unqualified, they accepted the appointments from an average lawyer in Edgar?
Ratified and sworn in for the ConCourt yet LAZ clarified that none of them actually qualifies! The president is above the constitution and these judges are just a bunch selected to serve the one that nominated them! This is another case of the legislature not reading to understand what they are ratifying. The G12 certificate saga is with us because of parliamentary failure that has now given us an under qualified bench for the ConCourt! About Zambia its better to let sleeping dogs lie!
It’s really awkward for members from one wing of government to be sworn in by a member of the other wing. It’s like Chief Justice swearing in Cabinet Members. We need to re-look at the constitution to reduce presidential powers further.
President Obama also swears in justices of the supreme court, not awkward at all.
You ve missed the point one zed! Tell me a country which has separated powers of appointing Justices other than the president. In most cases the head of the constitution court is supposed to be the Chief Justice.
@1+1 nga chakubaba sana ikulike
Kaingu will be the first client for the G 12 issue…!
Ba Ejiga bamudala balefyaya SUGO…….ba Kaingu has to be knocked out on technical grounds because God can not allow what he did to the two universities. No aptitude test…..It has to be through G12 not through Matero university!!!!
I am a tad pessimistic about the independence of presidential appointments that don’t require any independent screening before placement in positions where they may have to rule against the interests of the one appointing them. However, if they do the job impartially then all us cynics will be the first to accept it is possible. For now I say it’s a tall order.
LOOK AT THIS LUNGU PARADING HIMSELF FOR A PHOTO AND INSIDE HIS HEART ALL WHAT HE IS PLANNING IS MORE PLUNDER SINCE HE KNOWS HE IS VACATING STATE HOUSE THIS AUGUST. LUNGU SHOULD NOT BE ALLOWED TO MANIPULATE THE ELECTION RESULTS IN ANY WAY. THE WRITINGS ARE VERY CLEAR ON THE WALL, THAT LUNGU AND PF HAVE BEEN REJECTED BY THE ZAMBIAN PEOPLE. PEOPLE WANT CHANGE. PEOPLE WANT HH AND UPND. VIVA HH VIVA!
You are very Right Bro. This Lungu. A Clown! Anitinkinsa mwe! He is plundering our meagre resources.
He has finally rewarded Mulenga Mungeni. Corruption at its core. And they say we should trust the Judiciary.
The constitutional court was created by amendment of the constitution(act of parliament) and not by referendum.The next parliament should reverse or repeal the law the same way.
The current supreme court has 9 supreme court judges and 3 of them could have been assigned to new court.You don’t need 5 judges to decide on a case.The government is incurring external huge debt and failing to pay meal allowances/lecturers.Now you appoint 5 supreme court judges and will be paying them huge salaries at the expense of the common mans suffering.
Clearly the aim was to reward EL and RB friendly judges as well as secure favorable judgement on any disputed Presidential/MP election results.Zambia has become a Banana republic and a haven for institutionalized corruption and bribery.This has to be…
Independent you need to understand that legal matters do not operate the same way as politics. The amendment is now law and it a Constitution which has milked considerable tax payers money. The constitution is not an easy document that can be interpreted as people like you would wish. Do you even know why the Supreme court has 9 judges and not just 5 or 6? These numbers have a significance so that incase they subject a matter to a vote there wont be any middle ground because it cannot be 50/50 these are odd numbers. So there is a logic why you can have 3 or 4 judges voting on a matter of national importance. I for one cannot trust the decision of one judge or two judges out of just 3 judges to decide matters of grave importance. Remember if there will be issues of presidential petition…
An odd number(>1) is all that is needed to arrive at a decision(2 to 1) or (3 to 2) or(5 to 4) makes little difference.The issue here is that while the masses are living in poverty, have no jobs and the govt is failing to meet it’s obligations(meal allowances),you decide to employ five of your buddies at a huge cost to the nation.Do you know how much a supreme court judge gets as a salary?
This should not be allowed by any reasonable leadership.The new court is just a creation of an act of parliament which must be reversed/repealed after August,2016.
stopped or the country is doomed.
It is the womens show.At least give credit where it is due. The President is trying his level best to put women in very influential position.
ACC woman
Chief Justice woman
Constitution court woman
Running mate woman
Guys mukose, play clean games because when you are visited by the law, your money will not help you as women are known to follow very strict orders.
Walasa Lapkeni. To bribe a woman who is in high office you have to think twice.
Those women judges are the easiest to bribe.The can be woken up in the middle of the night to sign an injunction and have no time for 8 hours in a day to hear a case.
These Judges were ratified by parliament and both PF and Opposition MPs unminously approved their names in the last sitting therefore folks must comment on an informed position…
I think it is now water under the bridge a grade 12 certificate in Zambia is more superior than a PHD. In short if you have two candidates, one with just a grade 12 certificate and the other one with a PHD but no grade 12 certificate , we need to employee a grade certificate holder only as per new Zambian constitution. I think it is a very nice clause , it will help to develop this country faster than using those with PHDs without grade 12s
Ba ignorant manager. A grade 12 certificate will never be superior to a diploma or degree or Phd. But for you to have enrolled at UNZA you need at least 10 Points in English Mathematics Biology Physics Chemistry Additional Mathematics Geography. So a grade 12 is a cardinal preparatory qualification. Those universities who enrol grade 7 certificate holders are mediocre. We dont need mediocrity baba. So please GCE exams are in July enrol.
But how PhD without G12? The concept of aptitude test is not part of a progressive Zambia. Your argument is suspect……sponsored by Kaingu!!!!!
Especially if it is one from Matero University
50% + 1 is a similar issue as grade 12 requirement. According to the language in the Constitution,if a candidate gets 65% votes which not equal to 50% + 1 he/she cannot win the election.
corrected version:
50% + 1 is a similar issue as grade 12 requirement. According to the language in the Constitution,if a candidate gets 65% votes which is not equal to 50% + 1, he/she cannot win the election.
If 50% + 1 was a certificate then you should provide it period.
The first order of business for the next parliament is to repeal the act and save the country huge sums of money.A poor/impoverished country like Zambia does not need 14 supreme court judges.
We need to start opening up our eyes and see the wrongs going on in the country.We can’t be so blind and docile.
STUPID! IT YOU ALONE WHO WANTS HH AND UPND, NOT THE ZAMBIAN PEOPLE. DON’T TAKE PEOPLE OF FOR GRANTED AS THEY KNOW WHO TO VOTE FOR COME AUGUST 2016. VIVA EDGER C LUNGU A VERY ENTELLEGENT MAN. HH IS A DULL ENCONOMIST.
Not true…….everyone is discussing the constitutional court and you alone has brought in the issue of HH………Who is HH in this issue? Imwe naimwe mulekwatako insoni bakamba!!!!
So these guys who don’t meet qualification to be on the ConCourt were ratified by an equally under qualified parliament & have been sworn in by a drunk to interpret our constitution. What a circus. How do people to hold such a sensitive positions get to be ratified in one sitting. Anyway how do you expect people like Kaingu to question the suitability of a judge if they can’t read a draft that disqualifies them from being MPs.
DID YOU ALL HEAR THAT THE HUMBLE MAN HAS JUST INCREASED HIS SALARY? WATCH THE SPACE
So what?
Judges are supposed to carry themselves as servants of God. They play the role that is supposed to be a preserve for almighty. If they choose to serve the appointing authority by denying the people of Zambia Justice they abrogate the law of God. I hope that the men and women appointed will serve the country the little remaining integrity. In your hearts somewhere there is the law of God and each time you are faced with hard decisions it is easy to do the wrong thing because the burden is less but that is the behaviour of simple people. It is therefore important to seek God’s guidance as you execute your duties on behalf of God. All the best!!
After August 2016, the reconstituted Legislature should set about reforming the Judiciary by vetting judges of the Supreme Court, Constitutional Court and High Court to determine their continued suitability in office. The Kenyan styled vetting process which brings on board public participation in the scrutiny of judicial appointees is the only sure way of avoiding political cronyism and patronage in the appointment process.
@lapkenifamily…Those women judges are the easiest to bribe.The can be woken up in the middle of the night to sign an injunction and yet have no time for the entire 8 hours in a day to hear a case or matter in court.They are just experts at adjourning proceedings.
The Zambian judiciary is a big joke…
I always cringe when I read comments where some bloggers want to put more trust in human beings than systems even to the extent that they want the progressive 2016 Constitution reversed after August because of what politicians claim. Let me tell you, politicians will come & go. Judges will come & go just like all human beings. But the systems must be sound & survive the test of time. Please take time to read the Constitution. Don’t be lied to. It is the most important event in the history of this country that politicians have allowed to happen in order for the ordinary people’s rights to be protected. Politicians no longer have the same powers under the new Constitution to abuse people & systems. Be careful what you wish for. Thank God for putting it in President’s Lungu’s heart to…
There is nothing progressive about biased/well calculated amendments to an existing constitution.After August 2016,the whole thing will be cleaned up and presented to the people via referendum for their approval.Those without the so called “grade 12 certificate” will be given a chance to have their say “yes” or “no”.
You can not let a few people who educated themselves through proceeds of corruption and theft in government dictate to the helpless masses .The people have been denied a chance to educate themselves because their parents are jobless or lack opportunities to earn a decent income.Those who have stolen being are protected from facing the law in the established system.
I feel sorry for you @ Independent. Have you read the Amended Constitution? Are you aware of how long it took the country to get to where we are today? Do you know how many Presidents & Parliaments avoided this new Constitution because of the level of transfer of powers from politicians to the people? Do you really think referendum will be easier with 6 million people than Parliament with 150 people to vote for each of the 300 clauses? Don’t be deceived. The old Constitution ensured power is concentrated in a small group of people & it was easy for such group to get into power. The new Constitution requires a real majority. Once the executive is in place there is no longer free & abusive reign. You should be thanking God this has happened against all odds.
If many countries including Zambia itself have had referendums before who is this young and misguided generation to suggest otherwise.If the founding fathers had the mentality and way of thinking like yours,the yoke of colonialism would have still been upon us.
The big post independence development projects(Kafue Gorge,Indeni,Tazama pipeline etc) would have been shot down.Those required true political will and determination.In Zambia nowadays, progress and development means imported goods and outright embarrassing malls like Arcades, Manda hill etc which sell goods from South Africa.
The Independent your level of analysis of issues is so subjective and shallow because you vented on a path of hate and negativity. The constitution cannot be repelled in August in as much as you may wish because even God cannot allow shallow minded people like you to destroy the good that has happened to this country. We cried for this constitution for years and no leader was bold enough to give us a new constitution yes it is an amendment but better than the old UNIP/MMD centralized power kind of rule.
Supreme court judges are constitutional office bearers even their emoluments are specified in the SI and these are budgeted for. What are you so against these judges. And these women are more difficult to bride unlike you who even has a corrupted mind and can easily be brided. I applaud…
@ Independent my appeal to you is simply to read & understand the Constitution. You’ll be surprised @ how many good things are there to protect you as an ordinary citizen from politicians. These things were never there before. It does not just contain Grade 12 clause. Even the appointment of the judges to the Constitutional court you are deriding is actually to protect you & let a # of skilled people interpret the Constitution rather than leave it to GRZ. Even the President is now expressly bound by decisions of the Constitutional Court. You wouldn’t have even had August 11 in your vocabulary if it was not for the new Constitution. Don’t be lied to or be negative for no reason.
I miss the days of the cobra in the opposition.
He could have spoken volumes on the five judges!
There is nothing progressive about biased/well calculated amendments to an existing constitution.After August 2016,the whole thing will be cleaned up and presented to the people via referendum for their approval.Those without the so called “grade 12 certificate” will be given a chance to have their say “yes” or “no”.
You can not let a few people who educated themselves through proceeds of corruption and theft in government dictate to the helpless masses .The people have been denied a chance to educate themselves because their parents are jobless or lack opportunities to earn a decent income.But those who have stolen from the people are being protected from facing the law in the established court system.
Parliament ratified these appointments, but make your minds up. Article 141 of the Constitution requires that they be of “proven integrity”, been “legal practitioners for at least 15 years” and specialized in Human Rights and Constitutional law training. 1) Hildah Chilombo – 26 yrs on the bench, 4 yrs as practicing lawyer 2) Mulenga Mugeni – Master of Laws (not in Human Rights or Constitutional Law) 2 yrs practice 3) Anne Mwewa – 14 yrs law practice 4) Enoch Mulembe – Lecturer UNZA, CEO Human Rights commission, Leader Legal Institute of Zambia – has never prosecuted or defended a case in court 5) Palan Mulonda – Lectured UNZA, practiced and Director of Human Rights
mungeni mulenga..still being rewarded for the dirty work..shame on you
The Panel has no credibility, Mungeni should not HAVE BEEN INCLUDED
JUST SHARE WASTE OF TAX PAYERS MONEY THROUGH THESE PEOPLES SALARIES, WHY, WHY THIS TEAM?
Other than the people appointed lacking the requisite credibility, they are also unqualified to hold positions on the constitutional court. Robert Simeza has conclusively shown in his research that this is the case. Having stooges on such an important court is a recipe for anarchy and serves only to protect the appointing authority in cases of contention for instance.
Fya bupuba fye. Because south africa has a constitutional court we mist have one. No need for this court. Next you will see Lungu stealing because the south african president steals