Tipping the Scales

Zambian President Hakainde Hichilema dismissed three of the country’s top judges for alleged judicial misconduct, raising questions about judicial independence and political interference ahead of the 2026 presidential elections, the BBC wrote.

The three judges from the Constitutional Court were already suspended and under investigation for political interference after dismissing Hichilema’s challenge against the election victory of former President Edgar Lungu in 2016.

The judges were also involved in a controversial ruling that allowed Lungu to participate in the 2021 elections, despite having served as Zambia’s president twice, thereby violating term limits.

Even so, Hichilema and Lungu are expected to run against each other for the fourth time in 2026.

The investigation into Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda by the Judicial Complaints Commission (JCC) over allegations of gross misconduct began after a complaint from a private citizen.

The JCC recommended their suspension, and they later lost a court application for a review of the judicial panel’s decision.

Still, Hichilema’s move to dismiss the judges has been criticized as political.

“My view is that the judges misbehaved spectacularly in the presidential petition in 2016 … (but) this comes across as the president exacting revenge for their judgment which is highly concerning,” Laura Miti, a Zambian social and political commentator, told the BBC.

The process of appointing judges in Zambia is led by the executive branch and many analysts say that leads to the appointment of unqualified or biased judges, and that the system needs to change to improve the quality and independence of the judiciary.