Africa (Commonwealth Union) _ Zambia‘s President Hakainde Hichilema has suspended three Constitutional Court judges—Justice Annie Sitali, Justice Mungeni Mulenga, and Justice Palan Mulonda—over allegations of judicial misconduct. The decision has ignited a wave of accusations of political interference in the judiciary, particularly as the country approaches the 2026 elections.
The suspended judges played a key role in controversial rulings during previous election cycles. In 2016, they dismissed a petition by Hichilema challenging the election victory of former President Edgar Lungu. They also ruled in favor of Lungu’s eligibility to contest the 2021 elections, despite Lungu having served two terms as president.
Tensions are mounting as Zambia prepares for the 2026 elections, where Hichilema and Lungu are likely to face off for the fourth time. The suspended judges were due to preside over a case that would determine whether Lungu could contest the upcoming elections, raising concerns that the suspensions could be politically motivated.
The decision to suspend the judges was based on recommendations by the Judicial Complaints Commission (JCC), following a two-year investigation into their conduct. The investigation was initiated by lawyer Joseph Busenga, now a diplomat, who claimed the judges had improperly handled the 2016 presidential election petition.
Criticism of the suspensions has been swift. The Patriotic Front (PF), Lungu’s party, condemned the move as illegal. Lungu himself called on Zambians to “stand up and fight” what he described as an injustice being inflicted on the judiciary. Civil society activists have also voiced concerns that President Hichilema is undermining judicial independence.
However, some commentators suggest that the judiciary in Zambia has long been politicized. Social and political commentator Laura Miti argued that while the judges deserve to be removed, Hichilema’s actions may be driven by personal revenge. “The judges harmed the country, and now the president is doing the same,” she wrote.
The suspension comes just days before the Constitutional Court is set to hear Lungu’s case on his eligibility to run in the 2026 elections. Lungu has announced his intention to make a political comeback, setting the stage for a highly contentious electoral contest.
Political analyst Sishuwa Sishuwa warned that Hichilema’s move could be seen as an attempt to exclude Lungu from the race. “It is an extremely dangerous political game that Hichilema is playing,” he stated.
The suspended judges now face a disciplinary process that will determine whether they will be reinstated or permanently removed from the bench. Under Zambia’s constitution, judges are appointed by the president with the approval of the National Assembly, a process that critics argue compromises the judiciary’s independence.
The unfolding saga has further intensified the political climate in Zambia, raising concerns about the balance of power and the role of the judiciary in upholding democratic principles.
