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Former Katuba Member of Parliament, Bampi Kapalasa, has alleged that the Attorney General has failed to provide evidence proving that seven Constitutional Court judges met the constitutional requirement of specialized training or experience in constitutional law and human rights.
Through his lawyers, Kapalasa argued that the matter before the court was not about the ratification process or general qualifications of the judges but whether their expertise aligns with the specific constitutional mandate.
“The respondent has not produced relevant documents showing that the honourable judges serving in the Constitutional Court have specialized training or experience in human rights,” Kapalasa submitted.
He further argued that the terms “specialized training or experience” had not been properly interpreted or applied to the judges in question, adding that the principle of res judicata—which bars re-litigation of settled matters—was irrelevant in this case.
Kapalasa stated that any unaddressed issues raised in his arguments should be considered conceded by the Attorney General.
Last week, the Judicial Service Commission (JSC), through its Deputy Secretary Rogers Kaoma, defended the appointments of the Constitutional Court judges.
Kaoma stated that the judges underwent a transparent and rigorous vetting process before being ratified by the National Assembly, in accordance with Articles 140 and 220(2)(b) of the Constitution.
He added that the judges met the requirements of Article 141(1)(b) of the Constitution, possessing the necessary specialized training or experience in constitutional law or human rights.
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Kapalasa’s petition seeks to nullify the appointments of seven judges—excluding Constitutional Court President Justice Professor Margaret Munalula—and to have them vacate their positions.
He also wants all judgments delivered by the judges reversed, asserting that their alleged lack of qualifications invalidates their rulings.
The judges named in the petition are: Justice Arnold Mweetwa Shilimi (Deputy President of the Constitutional Court), Justice Martin Musaluke, Justice Mathew Kasonde Chisunka, Justice Judy Zulu-Mulongoti, Justice Mudford Zachariah Mwandenga, Justice Maria Mapani Kawimbe, and Justice Kenneth Mulife.
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