‘Try not dare me or you regret,’ Judge Musaluka warns Isaac Mwanza

By GRACE CHAILE

GOVERNANCE activist Isaac Mwanza has withdrawn his petition before the Constitutional Court, challenging its ruling on the constitution amendment process under Bill No. 7 of 2025, citing insecurities following an alleged confrontation with a sitting judge.
According to an affidavit in support of his notice to discontinue the matter, Mr Mwanza claimed he no longer felt secure participating in the case after what he described as a threatening exchange with Constitutional Court Judge Martin Musaluke during proceedings on July 25, 2025.
Mr Mwanza had filed the petition on July 1, 2025, under Cause No. 2025/CCZ/0013, arguing that the Court’s earlier ruling, which declared the amendment process illegitimate, was made per incuriam, without due consideration of key constitutional provisions and comparative legal practices.
He sought to have the June 27 judgement set aside, describing it as legally flawed and creating a constitutional absurdity.
In his affidavit, Mr Mwanza explained that he faced a number of challenges, including an overlapping petition filed against him by former Lumezi Member of Parliament Munir Zulu and Lusaka-based lawyer Celestine Mukandila under Cause No. 2025/CCZ/0016 represented by John Sangwa, which he was forced to respond to without legal representation.
He stated that during a joint case management hearing on July 25, Judge Musaluke allegedly struck the table and warned him not to “try him” or he would “regret it.”
“That following the delivery of the Court’s orders, I was permitted to speak by the Honourable Mr. Justice Musaluke but was informed that my comments would be off the record. That in my address to the Court, I expressed concern that I was being compelled to sue parties I had no intention of suing, and that the consolidation compromised my ability to raise a valid preliminary objection to Cause No. 2025/CCZ/0016, which in my view was filed in abuse of court process,” Mr Mwanza said.
“That before I could finish expressing the concerns, the Honourable Mr. Justice Musaluke interrupted me, stating that if you want to cry, you can go and cry outside and not raise your grievances before court.
That as I was about to respond, the Honourable Mr. Justice Musaluke angrily struck the top of the table and warned me not to ‘try him or you would regret it’, a moment which silenced the courtroom,” he narrated in his submissions.
Mr Mwanza said the comment was made after he raised concerns about the Court’s decision to consolidate the two cases and its impact on his ability to challenge the petition against him.
Following the incident, Mr Mwanza said his lawyers, Messrs. T. S. Chilembo Chambers advised him that the atmosphere had become untenable and that they would withdraw their representation, which they subsequently did.
He also stated that with no legal team, limited time to meet court deadlines and travel commitments for litigation training in South Africa, he was unable to continue with the case.
“I no longer feel secure continuing with this matter, as I verily believe I am now under threat and may, without ill-intent, say or do something which may trigger a warning that I will ‘regret it’ to materialise,” Mwanza submitted.
He filed and served a formal notice of discontinuance to the Court and the respondents, effectively ending the proceedings.