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Independent AfricaZambian president suspends 3 judges over alleged misconduct in 2016 election petition

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Zambian president suspends 3 judges over alleged misconduct in 2016 election petition

Zambia’s President Hakainde Hichilema has suspended three senior judges, citing allegations of judicial misconduct, a move that has sparked accusations of political meddling in the justice system.

In 2016, the suspended Constitutional Court judges dismissed a petition filed by Hichilema, challenging the election win of former President Edgar Lungu. The judges were also involved in a contentious decision that allowed Lungu to contest the 2021 elections, despite serving as Zambia’s leader twice.

As the country braces for the 2026 elections, tensions are rising, with expectations that Hichilema and Lungu will face off for a fourth time. The suspended judges were set to preside over a case this week, determining whether Lungu can run in those elections.

The suspension, which has stirred strong reactions, follows a recommendation from a panel that reviews judicial conduct, according to the presidency.

The judges, Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda, have not yet publicly responded. They were the subject of an inquiry by the Judicial Complaints Commission (JCC) after lawyer Joseph Busenga, now a diplomat in Belgium, lodged a complaint in 2022, accusing them of improperly handling the 2016 election petition.

Following a two-year investigation, Hichilema acted on the JCC’s recommendation, suspending the trio on Monday.

“The suspensions of the three is in exercise of the powers vested in the president,” the presidency statement stated, without giving further details.

The move sparked sharp criticism, with Lungu’s Patriotic Front (PF) saying the suspension was illegal.

“I want to say to the Zambian people that the time has come for you to stand up and fight the injustice which is being applied to the judiciary because when we lose the judiciary, we would have lost everything,” Lungu told journalists on Tuesday.

Critics have accused President Hichilema of interfering with judicial independence.

The president and his office have yet to address these claims.

Others, however, argue that the judiciary is already politicized.

Social and political analyst Laura Miti believes the judges should be dismissed but suggests the president’s actions are at least partly driven by a desire for revenge.

“My honest view is that the judges harmed the country and now and the president is doing the same,” she wrote on her Facebook page.

The suspension of the judges comes just 48 hours before the Constitutional Court is scheduled to hear Lungu’s re-opened eligibility case.

The former president, who has announced his political return, is preparing to challenge Hichilema in next year’s presidential election.

“It is an extremely dangerous political game that Hichilema is playing over this desire to exclude Lungu,” political analyst Sishuwa Sishuwa posted on X.

The three judges are set to face a disciplinary process, which will determine whether they are dismissed from their positions or reinstated.

According to Zambia’s constitution, the president appoints all judges, including the chief justice, based on recommendations from the JCC and with the National Assembly’s approval.

Critics argue that the president’s role in appointing and removing judges undermines the judiciary’s independence.

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