By John Ikani
Zambian President Hakainde Hichilema has suspended three high-ranking judges over allegations of judicial misconduct, a move that has fueled claims of political interference within the legal system.
Back in 2016, the same three Constitutional Court judges dismissed Hichilema’s challenge against the election win of former President Edgar Lungu.
These judges were also involved in a controversial decision that allowed Lungu to seek re-election in 2021, despite serving two terms as president, which raised constitutional concerns.
With Zambia gearing up for the 2026 general elections, tensions are rising, as both Hichilema and Lungu are widely anticipated to run against each other for the fourth time.
The three judges were expected to preside over a case on Thursday to decide whether Lungu could be eligible for the upcoming elections.
Their suspension, which has provoked widespread debate, followed recommendations from a committee that was tasked with investigating the judiciary, according to the presidency’s statement.
The suspended justices – Annie Sitali, Mungeni Mulenga, and Palan Mulonda – have yet to respond publicly to the suspension.
Their conduct had been under scrutiny by the Judicial Complaints Commission (JCC) after lawyer Joseph Busenga filed a formal complaint.
Busenga, who now serves in Belgium as a diplomat, approached the JCC in 2022, urging the removal of the three judges, accusing them of improperly handling Hichilema’s 2016 presidential petition.
The judges had ruled in favor of Lungu, who was later succeeded by Hichilema in the 2021 election.
After two years of investigations, Hichilema suspended the judges on Monday, acting upon the recommendations made by the JCC, according to the presidency.
“The suspensions of the three is in exercise of the powers vested in the president,” the presidency’s statement confirmed, offering no further details.
This action has sparked fierce criticism, particularly from Lungu’s Patriotic Front (PF), which labeled the suspension as unconstitutional.
“I want to say to the Zambian people that the time has come for you to stand up and fight the injustice which is being applied to the judiciary because when we lose the judiciary, we would have lost everything,” Lungu told reporters on Tuesday.
Civil society groups have similarly raised concerns, accusing Hichilema of undermining judicial independence by exerting undue influence.
So far, the president’s office has not directly addressed the criticisms.
However, some observers argue that the judiciary has already become embroiled in politics.
Prominent social commentator Laura Miti has argued that although the suspended judges may deserve dismissal, Hichilema’s actions seem partly driven by a desire for retribution.
“My honest view is that the judges harmed the country and now and the president is doing the same,” she expressed on her Facebook page.
The suspensions come just days before the Constitutional Court is set to review Lungu’s eligibility to run in the 2026 election.
Lungu has publicly announced his return to the political arena, preparing to challenge Hichilema once again in the presidential race.
“It is an extremely dangerous political game that Hichilema is playing over this desire to exclude Lungu,” wrote political analyst Sishuwa Sishuwa on X.
The three judges will now face formal disciplinary hearings, which will determine whether they will be permanently removed from their positions or allowed to return to the bench.
Zambia’s constitution grants the president the authority to appoint or suspend judges, based on the advice of the Judicial Complaints Commission, with approval from the National Assembly.
Critics argue that allowing the president such influence over the appointment and removal of judges weakens the independence of the judiciary.
