Noose tightens on suspended constitutional court judges, as disciplinary hearing over alleged misconduct holds

Three suspended Constitutional Court judges, accused of gross misconduct and lacking qualifications to sit on the bench, appeared before the Judicial Complaints Commission (JCC) for a disciplinary hearing held at the High Court on Monday.

Justices Annie Sitali, Mugeni Mulenga, and Palan Mulonda were suspended on September 23, 2024, by President Hakainde Hichilema, following a recommendation from the JCC.

This came after a complaint was lodged by a private citizen, Moses Kalonde, which led to the Commission finding a prima facie case against the judges.

The complaint specifically targeted the judges’ handling of the 2016 presidential election dispute between Hichilema, who was an opposition leader at the time, and then-President Edgar Lungu.

In that case, the three judges had dismissed Hichilema’s petition, which challenged the legitimacy of Lungu’s election victory.

The JCC’s investigation into the judges was reportedly initiated based on Kalonde’s assertion of fresh grounds, including accusations of gross misconduct and claims that the judges were not properly qualified to serve on the Constitutional Court.

“My complaint is based on fresh grounds, including gross misconduct and the claim that they are not qualified to sit as constitutional judges,” Kalonde stated during the hearing.

The judges, in response to the suspension, had sought judicial review proceedings in the High Court to challenge the decision.

However, their application was dismissed last Friday, with the court ruling that it lacked jurisdiction to hear the case.

The disciplinary hearing, which commenced at 09:30 hours, drew significant attention due to its potential impact on the credibility of the judiciary and the handling of election-related disputes.

The proceedings were concluded by lunchtime, but Kalonde refused to engage with the media when approached for comments outside the courthouse.

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