By Kathy Short
LUSAKA, ZAMBIA —
Critics are accusing Zambian President Hakainde Hichilema of interference after he fired three constitutional court judges on Sunday over a 2016 ruling that favored a political opponent.
Hichilema fired the judges on the recommendation of a judicial commission that enforces a code of conduct for judges. Hichilema alleged that the judges engaged in misconduct over a ruling they made when he was opposition leader in 2016.
Back then, Hichilema had run for president but lost to a sworn rival, Edgar Lungu. Hichilema contested the outcome. Judges Mungeni Mulenga, Palan Musonda and Annie Sitali rejected the legal challenge.
The now-dismissed judges also issued a ruling allowing Lungu to run again in 2021, despite his having served twice as president. Lungu was president from 2015 to 2016, then served a full term from 2016 to 2021.
Zambian presidents are limited to serving two five-year terms.
The decision to fire the judges sparked controversy as it comes ahead of the 2026 general elections. Hichilema and Lungu are expected to face each other for a fourth time.
Laura Miti, a human rights activist and political commentator, told VOA the president’s decision to fire the judges raises questions as to why he waited until now to act. Miti said disciplinary action should have been taken much earlier to avoid accusations of interference in the judicial system.
“The position people are taking depends on their political leanings,” she said. “There are those who say it’s legal, the president has not broken any rules or any laws in firing these judges.
“On the other hand, there are those like myself who feel that because he is the person against whom this judgment went, using executive powers for what is [his] personal interest, is problematic,” Miti said.
During an interview with the state broadcaster, former Zambian Vice President Nevers Mumba defended the dismissals of the constitutional court judges.
“None of us is exempted from scrutiny, and if we see that some people have questions that they must answer, I think that the president has the responsibility to release that information,” Mumba said.
But Makebi Zulu, who is Lungu‘s lawyer, condemned the firing of the judges, describing it as illegal.
“The executive cannot be seen to be wanting to correct judgments of the courts,” Zulu said. “They have no such jurisdiction because our legal system is created in such a way that there has to be consistency in the decisions that are being made. Decisions have to be consistent for the purposes of inspiring hope, inspiring trust in our judicial system.”
In an interview with VOA, presidential aide Clayson Hamasaka defended the dismissal of the judges, citing constitutional powers granted to the president.
The judges have not yet commented on the matter publicly.
Zambia‘s chief government spokesperson, Cornelius Mweetwa, told VOA that while the judiciary in Zambia enjoys a measure of independence, such autonomy comes with limits.
“The president is acting within the precincts of the law because the constitution provides that upon recommendation from the Judicial Complaints Commission, the president shall remove the judges,” he said. “That is exactly what he has done. It is upholding the rule of law and nothing to do with undermining judicial independence.”
Zambia's Judicial Complaints Commission enforces the code of conduct for judges.
Under Zambia's constitution, all judges, including the chief justice, are appointed by the president upon the recommendation of the Judicial Service Commission and with the approval of the National Assembly.