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The Constitutional Court has dismissed an application by Green Party president, Peter Sinkamba, to halt President Hakainde Hichilema’s decision to dismiss three Constitutional Court judges.
The decision, delivered by Constitutional Court Judge Kenneth Mulife on Tuesday, October 29, 2024, found that the court could not stay an action already implemented by the President.
Sinkamba had requested an interim order to stay the President’s decision, dated September 23, 2024, which suspended judges Annie Sitali, Mungeni Mulenga, and Palani Mulonda from the Constitutional Court.
He argued that an interim stay was in the interest of justice, allowing the court time to examine the Judicial Complaints Commission’s role in the suspensions.
The Attorney General and the Judicial Complaints Commission argued that Sinkamba lacked standing, as he was not directly affected by the decision.
They further argued that the court could not issue stay orders on implemented decisions, referencing Supreme Court of England rules.
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However, Judge Mulife disagreed with the Attorney General’s stance on the court’s powers but ultimately ruled that a stay order was not applicable because the suspensions had already taken effect.
Reacting to the ruling, Sinkamba cautiously welcomed the decision, stating that it sets a precedent that may simplify judge removals by future governments.
He described the reasoning as “simplistic and basic” and emphasized that courts were generally empowered to stay decisions that have been implemented.
The full bench of the Constitutional Court would hear the main case, with Sinkamba directed to submit the Record of Proceedings by November 1, 2024.
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