By 
Brian Gombwa, Acting Secretary of the Judicial Complaints Commission (JCC), has submitted to court that the dismissal of three Constitutional Court judges Annie Sitali, Mugeni Mulenga, and Palan Mulonda, was not based on their interpretation of the Constitution, but on solid evidence proving their lack of qualifications to hold judicial office.
Dismissing allegations that the judges were removed due to controversial rulings, Gombwa clarified in a witness statement filed in the Constitutional Court that it was because they were not qualified to hold office.
These submissions were response to a petition filed by constitutional lawyer, Tresford Chali, who is challenging the legitimacy of the JCC itself. Chali argues that, apart from retired Justice Prisca Nyambe, the current JCC members lack the requisite experience in high judicial office, rendering their actions invalid.
Chali’s petition seeks several declarations, including the disqualification of JCC members for their lack of judicial expertise, and a ruling that the Commission, chaired by Vincent Malambo, failed to meet quorum in recommending the dismissal of the judges.
Read more: Constitutional Court rejects Sinkamba’s bid to halt dismissal of suspended judges
In his defense, Gombwa reaffirmed the Commission’s constitutional mandate to investigate all complaints lodged before it.
He argued that the qualifications of commissioners Eva Jhala and Kephas Katongo Kampampa were beyond question, with 45 and 33 years of legal practice respectively, satisfying the legal requirements to hold high judicial office.”
Gombwa stressed that the dismissed judges were not victims of political bias or judicial disagreement, but rather their own incompetence and misconduct.
The controversy stems from a 2016 decision where the dismissed judges ruled to throw out an election petition by now-President Hakainde Hichilema and his running mate, Geoffrey Mwamba, citing time limitations.
The ruling was met with sharp dissent from Constitutional Court judges Hildah Chibomba and Margaret Munalula.
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