Justice Sichinga Seeks Constitutional Court Interpretation of Article 142 (6)
LUSAKA, Zambia – Former Court of Appeal Judge, Hon. Justice Dominic Yeta Sichinga, SC, has lodged an originating summons with the Constitutional Court of Zambia seeking an interpretation of Article 142 (6) of the Republican Constitution. The case, registered as 2025/CCZ/0030, raises essential questions concerning the constitutional criteria for judges accepting appointments to roles outside the Zambian Judiciary.
The senior jurist, represented by Messrs. Likando Kalaluka & Co., resigned from his position on 31 March 2025 after he was appointed a Non-Resident Judge of the Seychelles Court of Appeal. In his affidavit, he explained that the Seychelles assignment is not full-time and requires him to preside over matters only three times a year. Despite the limited schedule, he felt obliged to step down because of the wording of Article 142 (6), which states: “Where a judge is appointed or assigned to an office, which is not an office in the Judiciary and that judge wishes to take up the appointment, the judge shall resign from the office of the judge.”
The applicant notes what he considers an inconsistency in how this provision has been applied. According to his summons, several senior members of the Zambian bench have taken up roles outside the judiciary—such as Commissioners to the African Commission, Rapporteurs for the African Committee of Experts on the Rights and Welfare of the Child, members of the SADC Administrative Tribunal, and lecturers at the Zambia Institute of Advanced Legal Education (ZIALE)—without relinquishing their judicial positions.
His filing seeks clarity on whether Article 142 (6) compels a judge to resign when accepting part-time, temporary, or one-off appointments outside the Judiciary. He stresses that interpreting this clause is of “fundamental constitutional importance,” especially in light of resignations such as that of Lady Justice Nicola Sharpe-Phiri, who left her Court of Appeal post after accepting a similar appointment in Seychelles.
The affidavit also highlights wider challenges affecting the Judiciary, including understaffing, as reflected in the recent call for new recruits, and objections by stakeholders like the Legal Resources Foundation Limited, which has petitioned the court over the constitutionality of the recruitment process.
His legal representatives had earlier written to the Attorney General, State Counsel Mulilo Kabesha, requesting the State’s position on the correct interpretation of Article 142 (6).
The matter is expected to carry major implications for judicial administration and for how constitutional provisions on external appointments are understood. The Attorney General has 14 days to respond. The ruling will likely shape the future handling of part-time international assignments by Zambian judges and influence procedures relating to judicial resignations and appointments.
This case underscores the need for precise constitutional interpretation to support the effective functioning of the Judiciary and maintain public confidence in the legal system.
Hon. Mr. Justice Dominic Luther Yeta Sichinga, SC, was appointed Judge of the Court of Appeal on 13 June 2016. He holds a Bachelor of Laws degree from Anglia University in the United Kingdom and was admitted to the bar in 1996. He was conferred with the rank and status of State Counsel in 2003.
The former appellate judge previously served as Permanent Secretary at the Ministry of Transport, Works, Supply and Communications from 2009 to 2011 and as Solicitor General of the Republic of Zambia from 2003 to 2009. He was appointed Judge of the High Court in 2011.
Earlier in his career, he worked in the United States as a Child Support Officer in the Office of the Attorney General of Texas from 1999 to 2003, and as an Administrative Officer on the UN Kosovo Law Enforcement Project from 1998 to 1999. He also served as a Legal Consultant at COMESA in 1998 and as a Nascent Advocate at Budd Martin Burrett in the United Kingdom from 1992 to 1994.
The former Court of Appeal member has held numerous board leadership roles, including Board Chairperson of the Tanzania-Zambia Railway Authority in 2011, National Airports Limited from 2009 to 2010, Mpulungu Harbour Corporation Limited in 2009, Contract Haulage Limited in 2009, and the Zambia Telecommunications Company Limited in 2009. He has also served on various other boards, commissions, and committees.
Only days ago Judge Musaluke made news after being appointed as a part time judge to the UN Tribunal, but was his appointment ‘illegal’ under the Constitution of Zambia? SC John Sangwa is right when he states Zambia is a ‘lawless nation’ – we apparently can’t read our own Constitution!
Sir, since the Chief Justice also works part time with the UN it’s unlikely he could prevent another judge from doing the same. The real question is why these appointments are happening in a legal vacuum. Is the Attorney General incapable of guiding the State, prompting the Courts to always have to step in?
@ Dr. Nyrinda: LAWLESS and JUDICIAL ACCOUNTABILITY are complete opposites. Why would some judges be given opportunities while others are denied chances unless this is an arrangement of politicians to reward compliant judges who won’t challenge them !!
We even know of judges who hold postions in law firms despite being judges do they resign?