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Three suspended Constitutional Court judges, Annie Sitali, Mungeni Mulenga, and Palan Mulonda, have applied to the Lusaka High Court for judicial review of their suspension by President Hakainde Hichilema, following a recommendation by the Judicial Complaints Commission (JCC).
The judges are seeking a stay of proceedings scheduled for 30 September before the JCC, arguing that the case is res judicata, meaning the matter has already been settled.
Read more: President Hichilema suspends three constitutional court judges
They claim the complaint, filed by Moses Kalonde, related to the 2016 presidential petition between Hakainde Hichilema and Edgar Lungu, which was concluded in 2017.
They are requesting a certiorari order to quash the JCC’s decision of 23 September 2024 to reopen the case, arguing the JCC lacks jurisdiction as earlier complaints filed by Emmanuel Mtonga, Alfred Chims Mbewe, and Douglas Syakalima resolved the matter.
In addition, the judges are challenging both the JCC’s recommendation and President Hichilema’s decision to suspend them, claiming the actions violated the principle of res judicata.
They also seek a stay of the suspension if the High Court grants leave for judicial review, pending the outcome.
The judges have called for an expedited hearing and are asking that costs be borne by the Attorney General, represented by Messrs Sam Chisulo and Company.
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