Judicial Service Commission defends appointment process for constitutional court judges

The Judicial Service Commission (JSC) has defended the qualifications and appointment process of Constitutional Court judges, asserting that their selection adhered to legal and transparent procedures.

Deputy Secretary, Rogers Kaoma, explained that the process ensured compliance with the Constitution, requiring ratification by the National Assembly under Articles 140 and 220(2)(b).

He further emphasized that the judges underwent thorough vetting and possess the necessary expertise in human rights or constitutional law, as outlined in Article 141(1)(b).

The JSC’s statement comes in response to a petition by former UPND Katuba MP, Bampi Kapalasa, who had asked the Constitutional Court to nullify the appointments of seven judges, excluding Court President Justice Professor Margaret Munalula.

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Kapalasa argued that their alleged lack of qualifications violates Articles 141(1)(b) and 141(2) of the Constitution, amended by Act No. 2 of 2016.

Kapalasa is also seeking to invalidate all judgments delivered by the affected judges, claiming their appointments undermine the legitimacy of the court’s decisions.

The judges named in the petition include Deputy President Justice Arnold Mweetwa Shilimi, 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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