THE Constitutional Court has been petitioned to annul the recommendations and eventual appointment of 20 judges of the Superior Courts as notified by State House because their appointment was in contravention of the Constitution.
Isaac Mwanza and Maurice Makalu have petitioned the ConCourt that the process to select and recommend the 20 Judges of the Superior Courts for appointment was done in contravention of the principles of the Constitution that required merit, adequate and equal opportunities for appointments.
Mr Mwanza and Mr Makalu are seeking an interpretation on whether in the absence of the provisions in the Constitution and the law designating authority to appoint, the offices of the President and Deputy President of the Court of Appeal were administrative in nature whose vacancy was filled by appointment from among other Judges by the Chief Justice.
In their affidavit in support of the application for conservatory order, the duo is seeking an order to preserve the status quo on the number of Judges in the Superior Courts until the final determination of the main matter and any other interim reliefs.
“The exercise of the power by the President to appoint the President of the Court of Appeal has not been granted to the President by the Constitution. And that the appointment of Judge Siavyapa was done without regard to merit and seniority on the bench as it did not give adequate opportunities to suitably qualified persons to be appointed President of the Court of Appeal,” Mr Mwanza and Mr Makalu submitted.
The two have argued that the nominated Judge Siavyapa for the position of Deputy President of the Constitutional Court had no specialised training nor experience in human rights and Constitutional law.
Mr Mwanza and Mr Makalu also argue that the appointees to the position of the High Court Judge, Greeenwell Malumani dod not meet the minimum 10 years required for appointment as Judge and that the competence of Judge Kenneth Mulife was under question in an active matter before the High Court.
“Your petitioners in their originating court process are seeking a conservatory order as an interlocutory relief to stay the ratification and to preserve the status quo on the number of Judges in the Superior Courts pending determination of the petition by the Court,” Mr Mwanza and Mr Makalu submitted.
The two have submitted that the legitimacy of the appointment of Judges had been challenged and should therefore be determined because according to them, the process of the appointment of the Judges was flawed and contravened the Constitution. Mr Mwanza and Mr Makalu argued that in the event that the Court protected the values and principles for promoting Judges in its final judgement, the appointment of the Judges should be quashed.
They submitted that public interest would suffer if the appointment of the Judges was not quashed and the said officers of the Superior Courts went ahead to perform judicial authority for which they should have not.
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