JCC tells Lungu to complain to ConCourt

By Esther Chisola

The Judicial Complaints Commission (JCC) has advised former president Edgar Lungu to raise issues against three Constitutional Court Judges with the same court handling his eligibility matter.

On Wednesday, Lungu lodged a complaint with the  JCC against president of the Constitutional Court Justice Margaret Munalula, Vice-President of the Constitutional Court Justice Arnold Shilimi and Justice Maria Mapani Kawimbe.

In a response yesterday, JCC chairperson Vincent Malambo told Lungu that the commission was in receipt of his letter dated September 25, 2024, in respect of his complaint against the three judges.

Malambo also told Lungu that the commission was not the correct forum to channel his concerns at this stage on the proceedings in court.

“Kindly be advised that issues that you have raised can be raised before the court that is handling your matter,” Malambo stated.

In his complaint on Wednesday, Lungu submitted that Justice Munalula was one of those who was complained against in 2016 together with the other three Judges now appearing before the Judicial Complaints Commission and stood suspended by President Hakainde Hichilema namely Annie Sitali, Mungeni Mulenga and Palan Mulonda.

He further stated that President Hakainde Hchilema had made it clear that he did not want his name on the ballot paper in the 2026 General Elections.

“She has not been called there or suspended together with the Judges that have been suspended. This creates a perception that she is there to serve the interest of President Hakainde Hichilema more so that she rendered a decision favourable to the said President Hakainde Hichilema,” he stated.

Lungu submitted that Justice Shilimi was a close associate to President Hichilema and had not declared interest in this matter.

He argued that Justice Shilimi was a secretary or director in companies that President Hichilema had an interest in.

“This information is in the public domain. The conclusion that can be drawn here is that he is there to serve the interest of the said President Hakainde Hichilema and this is because President Hakainde Hichilema has sworn that he will not allow me to be on the ballot paper in 2026,” he stated.

The former head of state further stated that Justice Kawimbe was a close family relation to President Hichilema stressing that she was a close family relation to Victor Mapani the current managing director at Zesco.

He stated that Justice Shilimi had not declared interest and continued to sit in this matter where President Hichilema had declared that he would not allow Lungu to be on the ballot 2026.

“The need to remain in power by President Hakainde Hichilema benefits his relations. Therefore, she has or can be perceived to have an interest to serve and should not therefore, be sitting on the case,” he stated.

Lungu submitted that the actions of the Justice Shilimi amounted to gross misconduct and the law did not permit any judicial officer to sit or participate in discussion or deciding a matter in which they had a personal or indirect interest.

“The three Judges’ bias or perception thereof and failure to declare interest amounts to gross misconduct. The actions of the Judges are in breach of the Code of Conduct and amount to gross misconduct which the law does not permit. The commission must therefore, inquire into this matter without delay and make a determination in this matter,” stated Lungu.

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