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Zambia’s President, Hakainde Hichilema, Tuesday suspended three prominent Constitutional Court judges. The step raised concerns over potential political interference in the country’s judiciary. The move comes amidst increasing political tension as Zambia heads towards the 2026 elections, where Hichilema is expected to face off against his predecessor, Edgar Lungu, for a fourth time.
The suspended judges – Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda – were involved in a series of rulings dating back to 2016 that have drawn scrutiny from both legal and political circles. In 2016, they were part of the bench that dismissed Hichilema’s petition challenging the election victory of then-President Lungu. That same court later ruled controversially in favor of Lungu, allowing him to run in the 2021 elections, despite having already served two terms as president.
In a political landscape where past grievances linger, the suspension of these judges, just days before they were scheduled to sit on a case regarding Lungu’s eligibility to run in the 2026 elections, has intensified the already charged atmosphere. Lungu, who announced his political comeback, is seeking to contest the presidency once again, with the same judges set to rule on his eligibility before their suspension.
The suspension followed a two-year investigation led by the Judicial Complaints Commission (JCC), initiated by a complaint from lawyer-turned-diplomat Joseph Busenga. In 2022, Busenga, now serving at Zambia’s embassy in Belgium, lodged a formal complaint with the JCC accusing the three judges of misconduct in their handling of the 2016 presidential election petition, which had resulted in a decision against Hichilema.
President Hichilema acted on the JCC’s recommendation, suspending the judges and citing constitutional powers vested in his office. “The suspensions of the three are in exercise of the powers vested in the president,” the presidency stated. However, the statement offered no further details on the alleged misconduct.
The suspension has been met with a storm of criticism, particularly from opposition figures and political commentators who view the move as an attempt to manipulate the judiciary. Lungu’s Patriotic Front (PF) party was quick to condemn the action, labeling it illegal. “The time has come for the Zambian people to stand up and fight this injustice,” Lungu told reporters, warning that judicial interference threatens the country’s democratic fabric.
Activists have echoed these concerns, accusing President Hichilema of undermining the judiciary’s independence. Laura Miti, a prominent social commentator, acknowledged that while the judges’ past decisions may have harmed the country, she questioned Hichilema’s motives, suggesting the suspension was driven by personal revenge. “My honest view is that the judges harmed the country, and now the president is doing the same,” Miti shared on her social media platform.
The controversy comes at a critical moment, with the Constitutional Court poised to hear Lungu’s re-opened eligibility case. Political analysts are warning of the dangerous game being played. “It is an extremely dangerous political game that Hichilema is playing over this desire to exclude Lungu,” political analyst Sishuwa Sishuwa noted on X.
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