‘PRESIDENT DOESN’T HAND PICK JUDGES’
Edgar Lungu does not handpick nominees to appoint them as Judges to preside over issues in the courts of law, Young African Leaders Initiative governance advisor Isaac Mwanza says.
Mr Mwanza said it was gratifying to note the President Lungu has always followed the laid down procedures when appointing judges and other constitutional office bearers in line with the constitution.
He said all nominees submitted for ratification before Parliament were recommended by the Judicial Service Commission under Article 140 of the constitution.
“Under the repealed Article 46(6) of 1996 constitution, the President was not obliged to follow the advice tendered by any other person or authority in the exercise of any functions conferred upon him as he was allowed to rely on his own deliberate judgment.
“The current law in Article 140 is that the President appoints Judges on the recommendation of the Judicial Service Commission and subject to ratification by the National Assembly,” he said.
Mr Mwanza was commenting on the ratification of a number of judges to the Constitutional Court, Court of Appeals and the High Court announced by Parliament this week.
He said it was unsubstantiated for anyone to accuse President Lungu of handpicking those appointed as Judges when he relied on recommendations from the Judicial Service Commission.
Mr Mwanza explained that persons appointed and ratified by the National Assembly were carefully selected and scrutinised by the Judicial Service Commission as the body responsible for the appointments, and that YALI was confident that the appointment of the seventh Constitutional Court Judge Martin Masaluke adds value to the bench as he was expected to exercise his independent mind on issues.