JUDICIARYJUDICIARYJUDICIARY STILLSTILLSTILL ONONON TRIAL:TRIAL:TRIAL: CITIZENISN INTRA-P IS TELE K THE TURRGAE-PCONCOURTJUDICIARYJUDICIAR STILL TO ON NULLIFYTRIAL: APPOINTMENT OF JUDGESIS THE JUDICIAR
Citizens who chalto itself comply and be within process which starts with the lenged the appointthe Constitution and the law selection and recommendment of 20 judges of otherwise it all amounted to ing of persons by the Comthe superior courts a nullity.” mission, the appointment of by the President have urged Mr Mwanza reminded the judges by the President, and
the Constitutional Court to court that it has judicial auin the final phase the confir
nullify the appointments for thority and has previously mation of the appointment by
having been done in contraused such authority to nullithe National Assembly.
vention of constitutional valfy decisions by the President
The petitioners also differ
ues and principles. which came into conflict with
In a reply to the Answer by the Constitution. entiated the process from the the Attorney-General filed on He pointed to the decision manner judges are appointed Friday, Governance Activist by the Court in 2016 which in the United States of Ameri
Isaac Mwanza and Maurice nullified the decision by the ca which starts with the PresMakalu submitted that pubformer President to keep ident and ends with the U.S lic interest demands that the Ministers in office after dislegislature.
Constitution and the law must solution of Parliament and The petitioners said the be respected and upheld. ordered the Ministers to pay Zambian process is similar
Mr Mwanza maintained back the money that had to Kenyan and South Afrithat the Judicial Service earned. can processes which uses a Commission contravened “If the Judicial Service three-tier system and require Malila the sitting Constitution as Chief Justice in the and selecone of the Commission three judges who, was almost in violation a decade later, respect who confirmed for constitutional valMalila sitting as Chief Justice and one of the three judges who, almost a decade later, who confirmed tion process of judges when of the Constitution in its proues and principles. it failed to respect constitucess of selecting judges, so Mr Mwanza told the Contional values and principles was the President in making
stitutional Court that Courts Malila which sitting require as Chief Justice a transparent and one of the appointments three judges who, almost and the a decade Nalater, who confirmed
confirmin Kenya have shown extraorMalila and sitting competitive as Chief Justice process. and one of the tional Assembly in later, Dr. Mumba who confirmed Malila sitting as Chief Justice and Malila “Whereas sitting as Chief there Justice was and need one of the ing three the judges appointment who, almost made a decade by later, dinary who confirmed courage and indepento recruit more judges into the President,” said the Petidence by nullifying appointthe superior courts in order tioners. ments made by the President to enhance access to justice The Petitioners have subwhich contravene the Kenyan and the administration of jusmitted that the process of apConstitution, even after aptice, suffice to reiterate that pointing Judges in Zambia is a pointees have been sworn the recruitment process had process done in three phases into office.
Malila sitting as Chief Justice and one of the three judges who, almost a decade later, who confirmed