Saturday, April 20, 2024

Appointment of Judges challenged in Court

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Two citizens have challenged the process of recommending and appointing Judges of Superior Courts by the Judicial Service Commission and the President for lacking in transparency and failing to accord adequate opportunities to all suitably qualified legal practitioners as required by the Constitution.

Governance Activist Isaac Mwanza and Maurice Makalu stated in their petition that the Constitution and the law provide for recommendations for appointment and promotion of Judges on the basis of merit, adequate and equal opportunities for all suitably-qualified persons, conducted in accordance with a system that is fair, transparent, and competitive selection in filling of vacancies.

“There is no known record of any recommendation that may have been made by the Judicial Service Commission on the appointments that were made nor the criteria that was used to arrive at the said names,” reads the petition.

The Petitioners have told the Court that no record exist of any advertisement having been made by the Commission in respect of vacancies for positions of President of the Constitutional Court, Deputy President of the Constitutional Court, President of the Court of Appeal and Judges of the superior courts, or any record to indicate the criteria applied for recommending of the individuals selected for appointments by the President.

“There is no known record that the Judicial Service Commission offered all suitably-qualified legal practitioners an opportunity to be interviewed and assessed for possible recommendation and appointment by the President,” reads the petition

The petitions are seeking the Court to declare that appointments of Judges must done on merit and using a transparent procedure that affords adequate opportunities for suitably qualified legal practitioners to apply, be assessed before being recommended to the President for an appointment.

The petitioners have asked the Court to quash all appointments made by the President on 14th February 2023 for failing to adhere to Constitutional provisions that require transparency, merit and provision of adequate opportunities in appointments and promotions.

The petitioners have since applied for an interim Injunction to preserve the status quo on the number of Judges in the superior courts until the final determination of the main matter.

32 COMMENTS

  1. Just tear up that shinda paper called the CONSTITUTION. It’s too porous to protect we the vulnerable against dictators.

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  2. The same judge who has been appointed will preside over your case. Do you want him to rule in your favor so that his appointment is squashed? Some of these cases are a waste of time.

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    • Law is about records so lose or win your arguments will be on record to be referred to in future

  3. The judges of the Constitutional Court who will preside over this matter were appointed via the method the petitioners are now challenging. Their first duty is perhaps to declare interest, all of them without exception. So who will hear the matter? On this ground alone, this matter stands dismissed.

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    • It was not flawed when it was used to tribally appoint people from their provinces. Now they are crying because the system is about to use to benefit everyone in the country equally. When the names of the appointed judges area all from their tribe, it is about qualifications. When the appointed judges are from all tribes, it is no longer about qualifications.

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  4. OUR PEOPLE HAVE COURAGE BUT OUR JUDGES ARE SCARED TO FACE TRUTH. THEY WILL RUN AWAY FROM MAKING DECISION THATS BETTER FOR THE FUTURE. WE CAN’T CONTINUE AMENDING CONSTITUTION WHEN PRINCIPLES ARE CLEAR

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  5. The judges are yet to be given parliamentary approval. It is my understanding that indeed the judges that HH has appointed do not meet the requirements. But if course out parliament has never rejected any presidential recommendations.
    When the Concourt was first established, Sangwa wrote to the then President that the people he appointed did not qualify, we know he got frustrated and had to write in a newspaper.
    Three failures here exist, lack of transparency by the recommending body, parliament is a rubber stamp, and judging from it’s judgements, the constitutional court is a joke.

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    • Dictators create laws for their own benefit. Dictators ignore laws they do not like. HH has not done any of these things. He is using the laws you people wrote, and since they are now not being using to favour people from your provinces, you are crying like raped dogs

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  6. Our Judiciary is not bold enough to stand against the executive and politicians corrupt judges hence reason Judiciary is finding itself on that TI Bribery index. Cowardice won’t clean the law.

  7. For me, its not about how one was appointed and which system appointed them, but whether Judges can summon their conscience to correct what has been done wrong. That’s essence of being in that office. Am closely following this petition. Cowardice won’t grow the law

  8. For me, its not about how one was appointed and which system appointed them, but whether Judges can summon their conscience to correct what has been done wrong. That’s essence of being in that office. Am closely following this petition. Cowardice won’t grow the law.

  9. We know these judges, and we can predict what they will say. Judges go with the ruling party. That’s why Lungu was allowed to stand for 3rd Term. The ConCourt has been a lie since its formation.

  10. If u’re a product of a flawed system, what right do u hv to stop others being appointed the way you were appointed yourself? If they should rule that further appointments the same way they were appointed are wrong, they should be ready to subject themselves first to the new system by being ready to be interviewed.

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  11. Certainly good test case on whether Judges think on their own without political influence. Will they support meritorious appointments or they will support current flawed process. While we cannot correct our past, we can correct the future.

  12. This is a very interesting case. It is common knowledge that the way a number of cases have been judged in the recent past have been very strange. We can’t continue using the same method and hope to have better results. The right time to do it right is right now.

  13. And what is ACC doing over this.Why are making our system rotten by few selfish indvidual.The commission must be arrested for breaking the law and the consititution.This must be done immediately without fail and all those involved must be arrested with immediate effect.

  14. And what is ACC doing over this.Why making our system rotten by few selfish indvidual.The commission must be arrested for breaking the law and the consititution.This must be done immediately without fail and all those involved must be arrested with immediate effect.

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