By Esther Chisola
Former president Edgar Lungu has told the court that judge Anold Shilimi, one of the Constitutional Court judges he has asked to recuse themselves from handling his eligibility case has previously served as Director in African Life Financial Services limited in which President Hakainde Hichilema has or had an interest through Menel Management Services limited as a shareholder.
And Lungu has revealed that Menel Management Services Limited has or had shared business interest with President Hichilema in various other entities.
The former head of state has also asked three Constitutional Court judges to recuse themselves from handling the matter in which a youth activist Michelo Chizombe is questioning his eligibility to contest in the 2021 general election and future elections after being sworn into the office of President twice.
Chizombe who has cited Lungu, the Electoral Commission of Zambia (ECZ) and the Attorney General as respondents in the matter, indicated that Lungu contravened the constitution when he participated in the August 12, 2021 general elections.
The three judges who have been asked to recuse themselves from handling Lungu’s case, include president of the Constitutional Court Justice Margaret Munalula, vice-president of the Constitutional Court Justice Shilimi and Justice Maria Mapani Kawimbe.
In his notice of motion for an order of recusal, Lungu wants to know whether Justice Munalula should continue to sit on the panel to determine this matter in light of her disposition concerning this matter and seemingly favourable treatment by the President and Judicial Complaints Commission, despite her being part of complaints from 2016, where other judges had been suspended while she had inexplicably not been suspended.
“Her past rulings favourable to Hakainde Hichilema, especially given the President’s public opposition to the first respondents participation in the 2021 and 2026 General Elections, without recusing herself or registering on record any interest or perception thereof,” he stated
The former head of state also wants to know whether justice Shilimi could continue to sit on the panel due to his close personal and professional relationship with President Hakainde Hichilema, raising concerns of bias, especially given the President’s interest in the case, without recusing himself or registering on record any personal or indirect interest.
He further wants to know whether justice Kawimbe could continue to sit on this panel due to her familial relationship with President Hakainde raising concerns of bias, without recusing herself or registering on record any interest or perception of potential bias.
And according to an affidavit in support of notice of motion for an order for recusal, Lungu submitted that he was aware that the outcome of this matter had significant political consequences on his political path as guaranteed by the Constitution of Zambia.
“That the biggest beneficiary of the outcome of this matter if this court reneges on its earlier judgements that declared me eligible to contest the presidential elections is, Mr Hakainde Hichilema, who has by himself and through his surrogates publicly expressed the desire to have me excluded from participating in the 2026 elections,” he stated.
Lungu stated that given the gravity and significance of the issues at stake in this matter, he expressed his deep concerns regarding the perceived and potential bias or impartiality of certain judges who constitute the panel assigned to and determine this matter.
“Firstly, the petitioner has extensively relied on the dissenting opinion of justice Munalula, to move this court to abandon its earlier decisions that were granted in my favour,” he stated
He submitted that Justice Munalula was part of the panel and persons who he complained against after the ruling of September 5, 2016, had neither been suspended nor called before the commission, raising questions as to why she had seemingly been excluded or favoured in the renewed complaint and recommendation of the commission.
“Subsequent suspension of her colleagues by Hakainde Hichilema and given these circumstances, there is a reasonable apprehension of bias and partiality if justice Munalula continues to preside over this matter, and her recusal is necessary to preserve the integrity of the proceedings,” he stated.
Lungu stated that it was widely and publicly known that Justice Shilimi had a close personal and professional relationship with Hakainde Hichilema.
“Specifically, Justice Shilimi has previously served as Director in African Life Financial Services limited in which HH has or had an interest through Menel Management Services Limited as a shareholder and the said Menel Management Services limited has or had shared business interest with HH in various other entities,” he stated.
He further submitted that these ties and the close relationship between Shilimi and President Hichilema raised serious concerns that may impact the judges’ ability to impartially adjudicate this matter, especially given the President’s vested interest in the outcome.
“That the fact that Shilimi has not disclosed this potential conflict of interest further compounds the perception that he may be inclined to rule in a manner that advances President Hichilema’s interest in ensuring that I am excluded from participating in the 2026 election. I believe that Justice Shilimi’s recusal is necessary,” he stated.
Lungu also submitted that Justice Kawimbe had a family connection with President Hichilema whose interest wasto stop me from participating in the 2026 election.
“The family tie, whether by consanguinity or affinity is sufficient reason for the judge to recuse herself from hearing and determining this matter, especially that HH has made it clear that he opposes my candidature in the 2026 elections,” he stated.
He stated that he was aware that the Constitution of Zambia, as amended by Act no.2 of 2016, prohibited any judicial officer to preside over a matter in which they had a personal or indirect interest.
“That in addition, the Judicial code of conduct Act no. 13 of 1999 proscribes any Judicial officer from presiding over any matter where their impartiality could reasonably be questioned. That the disposition of Munalula, the relationship and association of Shilimi and Kawimbe with Hakainde Hichilema give rise to a reasonable apprehension of bias and therefore, compromises the fairness of these proceedings,” he stated.
Lungu submitted that the continued involvement of these judges in this matter could undermine public confidence in the Judiciary and taint the outcome of the case.
“That this application is not a personal affront to this court but it is made in the interest of justice and it is in the interest of justice and fairness that it should be allowed to protect and entrench fairness, impartiality and judicial independence when hearing this matter, as the nub of this court’s mandate,” stated Lungu.
