THE Constitutional Court has dismissed two applications by the Attorney General and the Petitioners in a matter in which the appointment of Judges.
In this matter, the petitioners Governance Activist Isaac Mwanza and Culture Consultant Maurice Makalu have challenged the process by the Judicial Service Commission leading to the appointment of 20 judges by President Hakainde Hichilema for contravening the values and principles laid down by the Constitution.
Judge Judy Mulongoti dismissed the application by the Attorney General to have his application heard first on whether the matter is ripe for adjudication in view of the ratification proceedings happening going on in Parliament.
The Court has also dismissed the application by the Petitioners for insufficient information in which they were seeking a conservatory order to preserve the number of judges of the superior court pending determination of the main matter. Judge Mulongoti is set to give the reasoning behind her decision on Wednesday, at 14 hours.
In this matter the Petitioners had argued that there is an arguable case that the processes to recommend judges to the President for appointment was flawed which the Court ought to determine in the matter.
They had also argued that it was in the interest of enhancing constitutional values as the order was going to allow the court to determine whether the constitutional principles were adhered.
But the Attorney-General had argued that the appointments had already been done and the bus has already sailed.
In an interview with Mr Maurice Makalu, the petitioners said they will wait for the ruling to determine the next decision whether to renew the application before the full bench or let the main matter proceed to the hearing.
Making tough decisions require courts with courage like South African courts.
And Malawian Courts
She says she will give the reasons for the dismissal on Wednesday at 14hours…. after getting permission from we know who. Amen
Peers protecting fellow peers and development of law suffers.
Seriously, if I were petitioners I would drop this matter. The Judiciary does not need to be helped. Judges are comfortable being appointed in secret and living in captivity of the executive
We have a serious problem in Zambia right now.
This petition by Isaac Mwanza in essence questions the appointment of the same PF concourt judges who are hearing the case.
The UPND used the same procedure the PF used to appoint the judges. Only difference is that the new judges have the required 15 plus years of legal experience.
This is such a poorly written article one needs to go to court and read the ruling on his own.
Starting from the confused intro:
THE Constitutional Court has dismissed two applications by the Attorney General and the Petitioners in a matter in which the appointment of Judges.
One even wonders why the editor gives us a picture of The Non-Aligned Movement Monument. What for? Anything can be fed todumb readers?
One even wonders why the editor gives us a picture of The Non-Aligned Movement Monument. What for? Anything can be fed to dumb readers?