The Judicial Complaints Commission has set February 10, 2017 as the date for the hearing of the complaint filed by the Green Party President to the Commission for the removal of Constitutional Court Judges Hilda Chibomba, Mungeni Mulenga, Anne Sitali, Margret Munalula and Palan Mulonda on the grounds of incompetence and gross misconduct. The hearing will take place Twangale Park in Lilayi.
The allegations of misconduct relate to the conduct of the election petition filed by UPND President Hakainde Hichilema and Geoffrey Bwalya Mwamba vs. Edgar Chagwa Lungu, Inonge Wina, the Electoral Commission of Zambia and the Attorney General. Petitioner alleges that the behaviour of the five judges in the manner they handled the petition from the start to finish brought the Constitutional Court into disrepute, ridicule or contempt contrary to Article 143(a) of the Constitution. The Petitioner further alleges that the behaviour of the five judges was prejudicial or inimical to the economy of the country, and threatened the security of the State contrary to Article 143(b) of the Constitution. The petitioner cited the issuance of contradictory orders by the five judges, which bordered on breaching Rules of Constitutional Court and the Constitution of Zambia.
The Complaint was filed pursuant to Article 143 (b) and (c) and 144 of the Constitution of Zambia, Cap 1 of the Laws of Zambia, and Section 24 and 25(1) and (3) of the Judicial (Code of Conduct), Act No. 13 of 1999.
The hearing was initially supposed to take place at the same place last year on 13 December, 2016 but was rescheduled due unforeseeable circumstances.