The Feud

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Zambian President Hakainde Hichilema suspended three constitutional court judges this week over alleged judicial misconduct, a move that has drawn criticism from the opposition and accusations of political interference in the judiciary, the BBC reported.

On Monday, the president’s office announced the suspension of justices Annie Sitali, Mungeni Mulenga and Palan Mulonda following a two-year probe by the country’s Judicial Complaints Commission (JCC), which also recommended their suspension.

The judges will now undergo a disciplinary procedure which will determine if they will be removed from the bench.

Observers said the suspension is connected to a long-running feud between the president and the three justices going back to the 2016 presidential elections.

At the time, the constitutional court dismissed a petition by Hichilema – then a presidential contender – that challenged the election victory of former President Edgar Lungu.

Before the 2016 election, Lungu had appointed the three judges, Bloomberg wrote.

The three justices also participated in another ruling that allowed Lungu to run in the 2021 elections. That decision was controversial because Zambia’s constitution only allows the president to serve two terms in office.

Before his full five-year term (2016-2021), Lungu served as Zambia’s president for about a year, following the death of his predecessor Michael Sata, according to the Conversation.

While opponents noted that Lungu’s candidacy would mean he is running for a third term, the court disagreed. Regardless, Lungu lost the vote to Hichilema.

The three judges have faced previous petitions to dismiss them, but the JCC had rejected those motions until a private citizen filed a complaint against the trio.

The suspension comes at a politically sensitive time: Hichilema and Lungu are expected to run against each other again in the 2026 elections.

Meanwhile, analysts said the dismissals came just a few days before the judges were set to rule on whether Lungu could run in the 2026 elections.

The move sparked criticism from Lungu and his Patriotic Front party, which called the decision illegal and asked people to take to the streets in protest.

Civil rights advocates also condemned the move as political meddling.

Zambia’s constitution allows the president to appoint judges, including the chief justice, based on JCC recommendations and parliamentary approval. Critics have warned that this undermines judicial independence by giving the president too much control over the selection process.