Why I withdrew petition on Hichilema’s suspension of constitutional court judges —Chali

Constitutional lawyer, Tresford Chali, has withdrawn his petition contesting the suspension of three Constitutional Court judges by President Hakainde Hichilema.

Chali filed a notice of discontinuance in the Constitutional Court, citing the need to avoid duplicity as the affected judges – Annie Sitali, Mugeni Mulenga, and Palan Mulonda – had initiated judicial review proceedings in the High Court.

“It has come to my attention that the suspended judges, namely Justice Sitali, Mulenga, and Mulonda, have commenced an action in the High Court for judicial review. Continuing with this petition would lead to duplicity and multiplicity of actions,” the notice read.

Chali had previously filed a petition naming the Judicial Complaints Commission (JCC) and the Attorney General as respondents, arguing that the suspension of the judges was not only unlawful but also a direct assault on judicial independence.

He contended that President Hichilema’s decision, dated September 23, 2024, undermined the core of judicial neutrality and posed a threat to Zambia’s constitutional democracy.

In his petition, Chali maintained that the actions of both the President and the JCC were unconstitutional, violating Articles 143 and 144 of the Constitution.

He called for the nullification of the JCC report, denouncing its findings as unconstitutional.

The lawyer further argued that judges cannot be suspended or disciplined based on their interpretation of the law or rulings on specific cases, citing Article 122(2), which protects judges from interference by public officers, including the President.

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