The Judicial Service Commission (JSC) has has argued that all Constitutional Court judges are qualified to sit on the bench and their appointment was transparent.
The Commission’s Deputy Secretary, Rogers Kaoma, stated that the appointment system ensures transparency and meeting the required criteria through ratification by the National Assembly pursuant to Article 140 as read with Article 220 (2) (b) of the Constitution.
Kaoma also emphasised that the judges underwent a full vetting process and were ratified by Parliament.
He added that they possess relevant specialised training or experience in human rights or constitutional law, as required under Article 141 (1) (b) of the Constitution.
This is in response to a petition by former UPND Katuba Member of Parliament Bampi Kapalasa asking the Constitutional Court to nullify the judges’ appointments.
Kapalasa also wants a court order issued, directing the seven judges to vacate office except for the Court President, Justice Professor Margaret Munalula.
He is also seeking a reversal of all judgments delivered by the affected judges, arguing that their alleged lack of qualifications renders their decisions invalid.
Kapalasa states that the appointments of the judges, excluding the Judge President, contravene constitutional requirements, specifically Article 141(1)(b) and 141(2), as amended by the Constitution of Zambia (Amendment) Act No. 2 of 2016.
The seven judges include Justice Arnold Mweetwa Shilimi, the Deputy President, Justice Martin Musaluke, Justice Mathew Kasonde Chisunka, Justice Judy Zulu-Mulongoti, Justice Mudford Zachariah Mwandenga, Justice Maria Mapani Kawimbe and Justice Kenneth Mulife.
