Suspension of 3 ConCourt judges

By Daily Revelation Editor 

State Counsel Sakwiba Sikota and others are raising questions about the move by President Hakainde Hichilema to suspend three Constitutional Court judges namely Annie Sitali, Mungeni Mulenga and Palan Mulonda following the recommendation from the Judicial Complaints Commission (JCC).

There are arguments that the complaints that were raised against the three judges over their handling of the 2016 general elections were already thrown out. There are arguments that President Hakainde Hichilema has taken the move to suspend these judges barely 48 hours before the commencement of hearings into the eligibility case involving former president Edgar that was brought up by youth activist Michelo Chizome.

Hichilema is being accused of having taken the decision because he was desperate to stop his opponent Lungu from standing for president again.

Lest we forget, the eligibility of Lungu to stand has not been raised now. This is something that has been raised previously on three different occasions and in all three, Lungu received a favourable outcome. However, even then there were valid arguments that he only did so because of the overpowering nature of the presidency in this country, where the President seems to get all the positive decisions they may want. Regardless those arguments, a judgement was already pronounced on this matter, and legal scholars have argued that a matter that has already been decided upon by the courts becomes established precedence and can never be re-litigated.

Despite Lungu having raised a preliminary issue on the case brought by Chizome when he argued against bringing up the matter, the Constitutional Court made a ruling that the matter should heard. The hearing will thus start tomorrow. However, 48 hours before those hearings, Hichilema suspended the there judges. Zambians will be interested to know first of all on what complaints the JCC recommended for the suspension of these judges. Is it the same cases they threw out or there were new cases that were brought before the JCC against the judges? If the new cases were raised, what were those? Zambians wants to be sure of the exact details.

And as Sikota said, it will be interesting to hear the new arguments in this matter and if the Constitutional Court will go against its own precedence.

But every sensible Zambian out there agrees, that the timing of these same suspensions raised more questions than answers as the same came barely two days before before the start of the hearings into this matter, with many accusing Hichilema of abusing his power. If that is the case, then Hichilema should be taken to account. If Lungu paid harshly over his abuses and failures while in power by being voted out, surely Hichilema can not be given a pass over the same things his predecessor was removed from office for.

The development and democracy of this country depends on how strong the institutions of governance are. We surely can’t expect to live in a country where institutions are weak, a country where leaders can do as they wish without being held accountable over their overreach.