Zambian president sacks top judges who ruled in favour of his rival
Zambia’s President Hakainde Hichilema has taken the controversial step of firing three high-ranking judges, a move that has sparked accusations of political interference in the judiciary. These judges were initially suspended amid allegations of judicial misconduct, and they previously presided over a 2016 presidential petition where they dismissed Hichilema’s challenge against former President Edgar Lungu’s election victory. They also participated in a contentious ruling that allowed Lungu to run in the 2021 elections, despite having already served two terms as president.
The judges, Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda, were dismissed after they lost a court application seeking a review of the decision that led to their suspension. A statement from the presidency indicated that the judges were “removed with immediate effect” following a recommendation from the Judicial Complaints Commission (JCC).
The statement explained, “The removal of the judges is in exercise of the powers vested in the President under the Zambian constitution.” To date, the judges have not publicly commented on their dismissals.
The JCC’s investigation into the judges stemmed from a complaint by private citizen Moses Kalonde, although a previous complaint from lawyer Joseph Busenga regarding their handling of the 2016 election petition had been dismissed by the JCC.
Public reaction to the judges’ dismissal has been mixed. With elections approaching in 2026, tensions are rising as both Hichilema and Lungu are expected to face off for the fourth time. Social and political analyst Laura Miti noted that opinions are sharply divided among informed Zambians. “Some view this as a legal, albeit self-serving, move by the president, while others support him. My perspective is that the judges displayed significant misconduct in their 2016 presidential petition ruling. However, this action seems like the president taking revenge for that decision, which is deeply concerning,” she shared with the BBC.
Conversely, Makebi Zulu, Lungu’s lawyer in the case, characterized the dismissal as an “illegality” and warned that it represents an “executive overreach” that undermines judicial independence. He emphasized, “No judge should be disciplined for performing their judicial duties.”
According to the Zambian Constitution, all judges, including the Chief Justice, are appointed by the president based on recommendations from the Judicial Service Commission, with the approval of the National Assembly. Academic Sishuwa Sishuwa criticized this appointment process, stating, “As long as the executive controls judicial appointments, we will persist with issues of incompetence and unqualified judges, irrespective of who is in power.” He called for a “structured and broad-minded approach” to judicial reform instead of “targeted and individual changes.”
In defense of the president’s actions, State House Chief Communication Strategist Whitney Mulobela asserted that the decision was not politically motivated. “President Hichilema was bound by the constitution to adhere to the JCC’s recommendations. The JCC found substantial evidence of gross misconduct by the judges, and due process was followed in their removal,” she said in a statement.
