Constitutional Court Judges
Constitutional Court Judges
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.

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19 COMMENTS

  1. Same Zambian judges we are told were made to wake up at 03 hrs to push uncle Jameson dizzy forward at the pf fist of fury sandauni in kabwe, the same judges wouldn’t dare burn candles during the presidential petition case, i wonder if they understand the meaning of the term day, a day is 24 hours, and these con judges failed to hear a case in 14 days multiplied by 24 hours, they are damn tortoises very slow thinkers.

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    • Contempt and ridicule is not enough for these Kangaroo spectators who lost control of the court and apparently ran out of time to hear a very important case. This is absolutely the most useless bunch of lawyer/judges in Africa. Do petitioners, and not judges, control the pace and timing of court cases? If a case has a time limit why not sit evenings and weekends? And then why sit on their last night all the way past midnight? What a bunch of asses!

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    • While I support the idea of home grown expertise the question I raise is to the effect if these ConCourt judges met the laid down qualifications for appointment and if not this in itself should be reason to remove them!

      Zambia being a member of the Commonwealth grouping should have made a request to be assisted through this grouping for qualified judges to fill in while efforts were being implemented to raise a crop of indigenous judges! Zambia must align itself to world trending and as a nation it doesn’t lack brains equal to match with the rest of the world and all it needs is investing in the post independence generations that are showing capabilities able to drive the nation to higher heights!

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  2. But the 7 day period for filling the petition was followed by the petitioners. it was 7 days but 14 days becomes 14 X 24 hrs. Dununa

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  3. Nothing will come out of this spineless Commission chaired by Lungu’s Legal Adviser.The “Night” judges are protected by the powers that be. On the 14 days interpretation Justices Munalula and Chibomba got it right. This is just a self serving exercise.

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  4. It will be another embarrassing moment for the rotten legal fraternity as they try to serve their faces as a profession. It is now clear that these guys and dolls (Judges and Lawyers) are for cash and not justice. It is also a well known fact that all institutions (Police, Army, Airforce, LAZ, UNZASU and worse the Chief justice and the Judiciary have been compromised). Even our good Lawyers who pushed Zambia into a multiparty democracy like the Silwambas and the Sakwibas are now rushing to State House for their cut while their heads are buried in the sand to the realities of the August 2016 elections. In Short we are living in a failed state. I agree with You 5 nothing will come out of this commission funded from the Zambian tax payers and wait for the legalization of street vendors

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  5. This Commission is appointed by ECL and the Concourt judges were appointed by ECL and the Concourt judges were doing it for Lungu who is being Petitioned by the Petitioners. There is no second guessing the outcome. The “Night” judges will be exonerated becoz what they did served the interest of the appointing authority. We know who is the Appointing Authority. This is just a self serving exercise to justify the existence of the Commission and perhaps doing a bit of damage control. Its just a waste of time and financial resources.

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  6. I wonder whether there will be a fair hearing. Isn’t this just a cosmetic move when in actual sense the outcome is already predetermined? I don’t think the tribunal will be objective. All our judges are corrupt and already compromised. They are Edgar’s friends so you don’t expect them to bite the hand that feeds them. Look at the disgraced Sunday Nkonde, up to now he has not stepped aside to clear himself. The country has gone to the dogs. There is no justice in our country any more.

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  7. What can you expect from a commission chaired by a Mvunga other than wako ni wako? You can never expect any justice from these. Not while chakolwa is arround

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  8. The problem is having one person, the president as the appointing authority of the judges. Secondly, its having a bunch of MPs in parliament who dont really know or understand their duties in Parley. Why did the appointment of these judges get parliament’s approval and only to come and hear that they are ill qualified after mishandling a very important petition?
    We had a very good opportunity to change the appointing authority of the judges when enacting the new constitution but none among our MPs from all sides saw the need to bring those changes.
    Until we move away from having 1 person appointing these important men and women to the bench, complaints will never end because whoever is the appointing authority these judges will be serving him. The system needs to be changed!

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  9. Then why Petition if you know that it will take you anywhere, specially when you have lost confidence in our courts / judges. time wasters.

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    • Put it on record so that future generation can know that not every one was compromised,its such records that are making human rights abusers of south America,end up in jails in old age or condemned in their graves.

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  10. I THINK WE SHOULD BE MADE CLEAR ON THE WORKING DAYS OF THE COURT. DO THEY WORK SATURDAY AND SUNDAYS.

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