Body of lawyers opposes suspension of Constitutional Court judges, insists on rule of law

The Law Association of Zambia (LAZ) has voiced its opposition to President Hakainde Hichilema’s suspension of three Constitutional Court (ConCourt) judges, Anne Sitali, Mungeni Mulenga, and Palan Mulonda.

The suspension, based on the recommendation of the Judicial Complaints Commission (JCC), follows a complaint lodged on May 27, 2024, regarding the conduct of the judges in their official duties.

LAZ president, Lungisani Zulu, in a statement issued in Lusaka on Friday, acknowledged that while Articles 143 and 144 of the Constitution promote judicial accountability and provide for disciplining judges, the association does not support suspensions based solely on judges fulfilling their constitutional duties.

“LAZ agrees that judicial officers should be disciplined when warranted, but we do not support the suspension of any judge for simply carrying out their mandate—adjudicating disputes and delivering judgments,” Zulu stated.

He emphasized that Articles 118 and 119 of the Constitution clearly establish that judicial authority in Zambia derives from the people and must be exercised in a just and accountable manner by judicial officers.

Zulu further expressed concern that the latest complaint to the JCC mirrors previous complaints against the three judges, which had been dismissed.

He stressed the importance of judicial security of tenure, which ensured judges can perform their duties without fear or favor.

“Accountability for judges must align with the principles of fairness and justice, which underpin our society,” Zulu noted.

LAZ has committed to monitoring the situation closely and would await the court’s ruling, as the matter was now under judicial consideration.

Zulu also called on all stakeholders to uphold the rule of law, constitutionalism, and judicial independence during the process.

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