The Judicial Complaints Commission (JCC) has asked the High Court to dismiss an application for judicial review filed by three former Constitutional Court judges, arguing that the matter is improperly before the court.
JCC contends that the issues raised by the dismissed judges Annie Sitali, Mugeni Mulenga, and Palan Mulonda fall within the jurisdiction of the Constitutional Court itself.
JCC Secretary Brian Gombwe explained that the judges were removed from office for acting outside their legal authority.
He stated that on September 5, 2016, prior to the commencement of a hearing of the presidential petition by UPND leader Hakainde Hichilema against then President Edgar Lungu, the three judges issued a ruling declaring that the court lacked jurisdiction in the matter.
This contradicted an earlier decision by the full bench of the Constitutional Court on September 2, 2016, which had resolved the issue of jurisdiction.
Gombwe stated that the judges acted without the consent of the Constitutional Court’s president, as required by law. Their decision prompted dissenting opinions from then-Judge president Hildah Chibomba and Professor Margaret Munalula.
The JCC disclosed that complaints against the three judges, including one filed by Moses Kalonde, led to a detailed inquiry.
The Commission found the judges’ responses unsatisfactory and decided to hold a full hearing, which provided the judges with an opportunity to defend themselves.
According to the JCC, the hearing followed due process and was conducted within the law.
JCC also defended its decision to compel the judges to file submissions on a public holiday, citing the legal requirement to conclude the hearing within 30 days of their suspension.
In its affidavit, the JCC maintained that the judges’ application for judicial review should be dismissed on the grounds that the issues raised are within the jurisdiction of the Constitutional Court.
JCC also contends that the applicants were afforded a fair hearing during the disciplinary proceedings and the Commission acted lawfully and without bad faith.
The Commission concluded that the judges’ removal was justified, as they had illegally overturned a full bench decision without the requisite authority.
“We humbly pray that this court dismisses the said application for judicial review as it is improperly before this court,” stated Gombwe.
