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.