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Former Anti-Corruption Commission Board Commissioner and University of Zambia Senior Law Lecturer, Dr. Obrien Kaaba, has expressed concerns about the lack of transparency in the process leading to the removal of Constitutional Court judges.
Kaaba highlighted these concerns during a recent presentation in Lusaka, organised by the Southern African Institute for Policy and Research (SAIPAR), which focused on judicial reforms.
He criticised the opaque appointment and removal process for judges, noting that vacancies were not publicly advertised, and that the system lacked public scrutiny.
Kaaba argued that the handling of both preliminary investigations into judicial misconduct and final decisions by the same body undermined accountability.
He also raised concerns about the Judiciary’s independence, stating that the commission tasked with such matters comprised presidential appointees, which could compromise its impartiality.
“Although the 2016 Constitution aimed to establish the Judiciary as a self-accounting entity, its dependence on the Minister of Finance for budgetary allocations subjects it to executive control,” Kaaba said.
He cited Kenya as a better example of judicial independence, where the judiciary directly submits its budget to Parliament.
Read More: Ex-MP, Kapalasa, files petition seeking removal of constitutional court judges
Kaaba also called for reforms in judicial training, the adoption of modern technology, and the enhancement of judicial practices to strengthen the justice system.
Meanwhile, former Katuba Member of Parliament, Bampi Kapalasa, has filed a petition in the Constitutional Court seeking the removal of all its judges, except the Judge President.
Kapalasa alleged that the judges lacked the qualifications mandated by Articles 141(1)(b) and 141(2) of the Constitution, which requireo specialized training or experience in human rights and constitutional law.
Lawyer Kafula Kasonde emphasized the importance of upholding the separation of powers, describing it as vital for democracy.
Another lawyer, Mehluli Malisa, urged the judiciary to assert its financial independence and modernise its operational practices, questioning whether it was ready to embrace change or maintain the status quo.
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