Legal fireworks to ensue as ex-constitutional court judges challenge dismissal

Three former Constitutional Court judges have described as illegal and procedurally flawed the Judicial Complaints Commission (JCC)’s recommendation for their removal from office.

Justices Anne Sitali, Mugeni Mulenga, and Palan Mulonda are seeking leave of the Lusaka High Court to commence judicial review proceedings against their dismissal by President Hakainde Hichilema, following the JCC’s recommendations.

In their affidavit supporting the application, the judges argue that the JCC’s findings of a prima facie case of incompetence and gross misconduct against them were based on unsubstantiated and untested allegations, made without proper evidence or a hearing.

They contend that this process was irrational, procedurally improper, and carried out in bad faith.

The judges further claim that the commission acted beyond its jurisdiction by reopening matters related to their handling of the 2016 presidential election petition, which had been conclusively determined in 2017.

They argue that revisiting and overturning previous JCC rulings was both unlawful and unreasonable.

They also criticised JCC for failing to disclose the specific allegations made by complainant Moses Kalonde and for not providing grounds for the prima facie finding in its September 23 report to the President.

The judges claim they were only informed of their suspension through a public press release and received the JCC report the following day.

Read More: Finally, President Hichilema sacks three suspended Constitutional Court judges

The judges contend they learned of their removal from office on October 20 through another press release, with official notification and supporting documents only provided the following day.

They also argue that their removal was illegal, asserting that their handling of judicial functions in the 2016 election petition was done in good faith and does not constitute misconduct or incompetence.

The judges want the court to quash JCC’s decisions that led to their suspension and removal, citing lack of jurisdiction and procedural impropriety.

They are also seeking damages for loss of reputation, mental anguish, and denied retirement benefits.

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