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Zambia - September 2024

President suspends three Constitutional Court judges, prompting concerns of interference

President Hakainde Hichilema suspended three members of the country’s Constitutional Court on the recommendation of the Judicial Complaints Commission (JCC) in a decision that was announced on 23 September. The involvement of the suspended judges in controversial rulings that sustained the presidency of Hichilema’s predecessor, Edgar Lungu, have raised concerns about improper political influence on the judiciary. In 2016, the judges had dismissed a petition from Hichilema challenging Lungu’s election victory and in 2021 had been part of a decision that allowed the latter to stand for a third presidential term, despite a two-term constitutional limit. In September, they were due to decide on Lungu’s eligibility to contest the 2026 election, in which he is expected to be Hichilema’s main challenger. The Law Association of Zambia raised concerns that the complaint that triggered the JCC’s investigation and recommendation mirrored similar complaints against the judges that the Commission had previously dismissed.

Update: On 20 October 2024, President Hichilema, acting on the recommendation of the Judicial Complaints Commission (JCC) removed the suspended Constitutional Court Judges from office.        

Sources: Cabinet Office (1), British Broadcasting Corporation, The Africa Report, Lusaka Times, Cabinet Office (2)

Primary categories and factors
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Rule of Law -1 Rule of Law  (-1)
Judicial Independence
Secondary categories and factors
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Representation Representation
Credible Elections

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