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President Hakainde Hichilema has sacked Judges Anne Sitali, Mungeni Mulenga, and Palan Mulonda from the Constitutional Court of Zambia, effective immediately.
State House Chief Communications Specialist, Clayson Hamasaka, announced the decision, stating that the President acted on a recommendation from the Judicial Complaints Commission (JCC).
The removal was confirmed in a statement issued in Lusaka on Sunday evening.
“The removal of the judges is in exercise of the powers vested in the President under Article 143 (b) and (c) of the Constitution of the Republic of Zambia,” said Hamasaka.
Before their dismissal, the three judges had been suspended by President Hichilema and had sought judicial review from the Lusaka High Court, arguing that their suspension violated the principle of res judicata—meaning the case had already been settled.
The judges contended that the complaint, initially filed by Moses Kalonde, stemmed from the 2016 presidential election petition between Hichilema and former President Edgar Lungu, which was concluded in 2017.
They sought to quash the JCC’s 23 September 2024 decision to reopen the matter, asserting that earlier complaints, resolved by Emmanuel Mtonga, Alfred Chims Mbewe, and Douglas Syakalima, had settled it.
The judges also requested a stay of the JCC proceedings, scheduled for 30 September, and the suspension itself, pending the High Court’s decision.
However, the court quickly dismissed their case, ruling that it lacked jurisdiction to hear the matter.
The judges had also called for an expedited hearing, with costs to be borne by the Attorney General, represented by Messrs Sam Chisulo and Company.
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