Constitutional Court Upholds Appointment of Judges by President Hichilema


The Constitutional Court of Zambia has dismissed a petition brought forward by two governance activists, Isaac Mwanza and Maurice Makulu. The activists had contested the appointment of 20 new judges to the Constitutional Court, Court of Appeal, and High Court by President Hakainde Hichilema.

In delivering the judgment today, Constitutional Court Judge Palan Mulonda stated that the appointments made by President Hichilema were in compliance with the Zambian Constitution. The court found that there was no violation of constitutional provisions in the appointment of the judges.

However, Judge Mulonda urged the Zambian Parliament to enact subsidiary legislation to provide clear guidance on the appointment process of judges in accordance with the Republican Constitution. This recommendation aims to enhance transparency and accountability in future judicial appointments.

Isaac Mwanza and Maurice Makulu’s petition had argued that the appointment of the 20 judges was in violation of Articles 8, 173, and 210 of the Constitution. These provisions relate to the appointment and functions of judges in the Zambian judiciary.

President Hakainde Hichilema appointed the 20 judges to the Constitutional Court, Court of Appeal, and High Court in February of this year.


  1. It’s clear that the ConCourt isn’t with Zambians. It has failed to stamp its authority as a reliable Court of final jurisdiction. It’s futile to take some matters for its arbitration as some judgements that have been made within its short tenure are questionable. One of the is the ECL eligibility case and of course the Kwacha and Kabushi constituency elections. So even in this one, they have failed to garner courage to make a clear judgement but have referred it another institution just like they behaved in the Malanji-Lusambo case. It’ll be better to just dissolve it

  2. If these people really believe God exists, they should not use the Bible to swear. Let them use other objects like a portrait of Mr Hakainde Hichilema.
    When you swear by the Bible, you must remain as holy as your father in heaven.
    We know these people are only thirty percent honest in most cases.

    • I don’t believe proper due diligence was carried out on these appointments. If it was done more than half of them wouldn’t qualify, but then again the appointments may be strategic to serve some ends.

    • This is the law which all the other presidents have been using, why it suddenly a problem when a president who is not from your provinces uses it?

  3. There will never be justice in Zambia for as long as one man appoints Judges. Justice is what the appointing authority says. You know what they say about biting a finger that feeds you.

  4. Concourt always sides with the people in power. When PF was in power all judgements including lungu’s third term bid where in favor of PF and ruling government them. Now all judgements are and will be in favor of UPND and government of the day. That is how african courts work. You cannot bite the hand that feeds you

    • This is not the same thing. The corrupt court under Lungu sided with Lungu over a 3rd term question which had not been tested in court before. In this case, HH used a law that Chipuba put in power and has been used the same way by every president since that time. It was a law that allowed open tribalism in court appointments. Like everything when it favoured the tribes from your areas, you did not complain about it. This is because it put judges in place who would support your agenda. All of a sudden, when every judge appointed is not a Mwale or a Mwila, you want to protest the law you did not have any problems with before?? Get the f out of here


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