Zambia’s President Hakainde Hichilema has dismissed three top judges he had previously suspended over allegations of judicial misconduct, leading to renewed accusations of political interference in the judiciary.
The three judges from the Constitutional Court were involved in a presidential petition in 2016, during which they rejected Hichilema’s challenge to former President Edgar Lungu’s election victory. They also participated in a controversial ruling that allowed Lungu to run in the 2021 elections, despite having already served two terms as Zambia’s president.
Their dismissal follows the judges’ unsuccessful court application seeking a review of a judicial panel’s decision that recommended their suspension.
On Sunday evening, a statement from the presidency announced that the judges had been “removed with immediate effect” based on a recommendation from the Judicial Complaints Commission (JCC).
“The removal of the judges is in exercise of the powers vested in the President under [the Zambian constitution],” it said.
The three judges—Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda—have not publicly addressed the situation.
The Judicial Complaints Commission (JCC) investigated the judges over allegations of gross misconduct following a complaint from Moses Kalonde, a private citizen.
Last year, the JCC dismissed a complaint from lawyer Joseph Busenga, who had sought the removal of the three judges, alleging they mishandled the 2016 election petition.
Reactions to the judges’ dismissal have been mixed.
Political tensions are escalating in Zambia as the country approaches the 2026 elections, where Hichilema and Lungu are expected to compete against each other for the fourth time.
Social and political commentator Laura Miti noted that informed Zambians are divided, with some viewing the president’s actions as a legal yet self-serving move, while others express their support for him.
“My view is that the judges misbehaved spectacularly in the presidential petition in 2016. That being true this comes across as the president exacting revenge for their judgment which is highly concerning,” she told the BBC.
But Makebi Zulu, Lungu’s lawyer in the case, termed the move an “illegality” telling the BBC that “it was executive overreach aimed at interfering with the independence of the judiciary”.
“No judge should be disciplined for carrying out their judicial function,” he said.
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.
Academic Sishuwa Sishuwa says the “reality is that we will always have the problem of incompetent and unqualified judges as long as the process of appointment is led by the executive.
“It does not matter who is in power,” he posted on X, adding that a “structured and broad-minded approach” is more beneficial than “targeted and individual changes”.
Responding to the debate on Monday evening, the presidency said the decision was in “no way a political decision”, adding that the president was “bound by the constitution to follow” the JCC recommendations.
“The JCC found evidence of gross misconduct by the justices and President Hichilema followed all due process in removing them,” State House Chief Communication Strategist Whitney Mulobela said in a statement.