Suspended Constitutional Court judges to know fate October 25

The Constitutional Court has set October 25, 2024, as the date to rule on whether to stay the suspension of three judges suspended by President Hakainde Hichilema.

The suspended judges had adjudicated in the 2016 presidential petition that dismissed President Hichilema’s election challenge against former president Edgar Lungu.

Green Party president, Peter Sinkamba, appeared before Judge Mulife, who was recently promoted to the Constitutional Court, to argue an application to stay the President’s decision to suspend the judges, a decision based on recommendations from the Judicial Complaints Commission (JCC).

Sinkamba contended that the JCC exceeded its authority by reopening a settled matter, leading to the suspension.

In his submissions, filed Wednesday, Sinkamba argued that the Constitutional Court had the exclusive mandate to address constitutional violations and related cases.

“The court can issue temporary orders, such as a stay, to ensure fairness until the case is fully heard,” he said.

He asserted that the suspension could cause irreparable harm to judicial independence.

He criticised the legal basis of the JCC’s recommendation, stating that it relied on an irrelevant rule from the White Book, which applied only to appeal cases, not cases before the Constitutional Court as a court of first instance.

Read More: Constitutional Court lambasts ex-president Lungu, condemns alleged attempts to manipulate judiciary

Sinkamba also emphasized the public’s interest in preserving judicial independence, arguing that suspending the judges could weaken the judiciary and the Constitution.

He urged the court to intervene, saying, “There is a strong case against the Commission, which exceeded its legal powers.”

The Attorney-General’s office, however, countered that the court lacked authority to issue stay orders—arguing such powers lie with the High Court.

Sinkamba maintained that only the Constitutional Court had the power to address decisions made by the President under constitutional provisions.

The court’s ruling on the application to stay the suspension is highly anticipated, as it could have significant implications for judicial independence in Zambia.

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