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By GRACE CHAILE
THREE dismissed Constitutional Court Judges have described as illegal and incompetent the Judicial Complaints Commission’s recommendation for their removal from office.
Judges, Anne Sitali, Mungeni Mulenga, and Palan Mulonda, have sought leave to commence judicial review proceedings in the Lusaka High Court, challenging their removal from office by President Hakainde Hichilema based on a report by the Judicial Complaints Commission (JCC).
The JCC’s report cited incompetence and gross misconduct, specifically highlighting their handling of the 2016 presidential election petition case involving then opposition leader Mr Hichilema and Mr Edgar Lungu
However, the judges claim the JCC’s findings were procedurally improper, irrational, and made in bad faith.
The judges argue that the JCC lacked jurisdiction to reopen previously concluded issues, having already made six rulings on the matter in October 2017.
They also claim the JCC’s report failed to state new issues raised by Mr Moses Kalonde’s complaint and the grounds for the prima facie case against them.
The judges learned of their suspension through a press release on September 23, but only received the JCC’s report the following day.
Similarly, they were informed of their removal from office through a press release on October 20, with official notification arriving on October 21.
“We believe that the decision of the JCC to recommend our removal from office based on the performance of our judicial function made in good faith in the Hichilema vs ECL case is illegal, procedurally improper, and irrational and made in bad faith,” they contended.
The judges seek various orders, including certiorari to quash the JCC’s decision, damages for removal from office, and special damages for injury to reputation, mental anguish, and torture. They argue that the JCC’s proceedings were illegal, null, and void due to lack of jurisdiction.
They are demanding special damages in the form of full retirement benefits.
