Longwe threatens to sue Chief Justice

…for judicial misconduct for swearing in President Hichilema when he had lodged his petition against the re-election of the head of State in the August 13 general elections, says he will also report Dr Malila to the Judicial Complaints Commission

By NATION REPORTER

UPND long-standing member, Charles Longwe has accused Chief Justice Dr Mumba Malila of judicial misconduct for swearing-in President Hakainde Hichilema for a second term despite a petition challenging his re-election.

Mr Longwe, a long-time gold-card-carrying member of the UPND who played a role in the 2021 election by helping man the Electoral Commission of Zambia (ECZ) national totalling centre at Mulungushi International Conference Centre, said he would also pursue legal action over the matter.

He said he had already put the Chief Justice on notice that he would report him to the Judicial Complaints Commission (JCC) over “judicial misconduct.”

“What I wrote in my letter to him (the Chief Justice) was to say, if he goes ahead to swear in as the President, when in fact he has stopped the courts from hearing, that is judicial misconduct. And then, that judicial misconduct, we have the remedy, or the reddress, is JCC. So, I told him already, and I said I will not hesitate,” Mr Longwe said.

Mr Longwe said he remained a strong believer in the separation of powers and expected the Judiciary to operate independently from the Executive and Legislature.

“I am a firm believer in the separation of power. The Judiciary working independently away from the Legislature and the Executive,” he said.

He said holders of high constitutional offices took oaths to uphold the Constitution and should therefore be held accountable when they allegedly failed to do so.

Mr Longwe said checks and balances were designed to ensure that the three arms of Government remained independent and accountable.

“The checks and balances have nothing to do with the opposition. It’s the checking between the Executive, checking the Legislature, the Legislature having oversight over the Executive and things like that,” he said.

The controversial politician, who in March, sued UPND secretary general Batuke Imenda for failing to hold an elective general conference said the Judiciary should be able to restrain the Executive where necessary without such action being interpreted as hostility towards Government.

“I’m talking about upholding the integrity of these institutions. We are suing,” Mr Longwe said.

He revealed that he had been unable to meet the Chief Justice or Secretary to the Cabinet to present his concerns over the inauguration when he and others had petitioned the election.

Mr Longwe said he was worried about the security of people supporting his efforts and had deliberately avoided publicly naming some of those working with him.

“Some of us are politicians. And, you know, our job is to advocate for the people. We can’t do it in the dark. We have to do it openly,” he said.

“But for those who support us, we know that they are private people. They have not been political. So, we have to protect them by not mentioning them in our manoeuvres.”

Mr Longwe said he would proceed with his planned legal action after the inauguration.

Ends.