In a bold and strategic move, Lusaka-based lawyer Tresford Chali has filed a petition to the Constitutional Court in response to the recent dismissal of three judges from the Constitutional Court. This unprecedented action raises crucial questions about judicial oversight and the authority of the Judicial Complaints Commission (JCC) in Zambia.
Chali contends that the JCC overstepped its legal bounds by recommending the removal of Judges Anne Sitali, Mungeni Mulenga, and Palan Mulonda. He argues that only qualified judges possess the jurisdiction to handle judicial complaints of this nature, asserting that the JCC acted outside its constitutional mandate. His petition highlights a significant concern: the amended 2016 Constitution does not grant the JCC the power to preside over cases involving Constitutional Court judges, thereby creating a procedural gap.
By challenging the JCC’s authority, Chali seeks to protect the integrity of Zambia’s judiciary and maintain the principle of separation of powers. His petition aims to nullify the JCC’s findings, which led to the judges’ dismissal by President Hakainde Hichilema, arguing that such a decision undermines the rule of law and judicial independence.
A pivotal status conference is scheduled for November 4, 2024, where the Constitutional Court will begin deliberations on this case, which carries significant implications for judicial oversight and constitutional integrity in Zambia. The outcome of this case could set a precedent for how judicial complaints are handled in the future, potentially reshaping the relationship between the judiciary and the executive branch.
Chali’s actions reflect a growing concern among legal practitioners and civil society about the need to uphold judicial independence and accountability in Zambia’s legal system. As the case unfolds, it will undoubtedly attract considerable public and media attention, with many keen to see how the Constitutional Court addresses these critical issues.
