President Lungu accused of judicial interference
President Edgar Lungu has been accused of intimidating the judiciary following his utterances while in Solwezi forewarning Constitutional Court Judges against emulating Kenyan Supreme Court judges when determining the case of his eligibility to stand in the 2021presidential election.
Gears Initiative Zambia Executive Director MacDonald Chipenzi says the President’s utterances have the potential to undermine the country’s constitution and the regional instruments such as the African Charter on Democracy, Elections and Governance to which Zambia is a signatory, which demands that a member state must promote and protect the independence of the Judiciary, while the Republican constitution under Article 122(2) states that a person and a person holding public office shall not interfere with the performance of judicial functions by a judge or judicial officer.
He says President Lungu’s forewarning of the judges for fear of what he termed as “chaos” is a direct affront to national and international legal demands.
Mr Chipenzi says the President’s 3rd Term bid should not lead him to undermine the very Constitution and law he swore to protect and uphold, but that instead, he must encourage the judges to strictly interpret the Constitution and the law without fear or favour.
He states that President Lungu being a lawyer, must appreciate the dictates of the Constitution, the law and judicial practices that prohibits him to comment on cases still in court as it has potential to undermine proceedings.
Mr Chipenzi has since encouraged the judges to remain steadfast and firmly stick to the legal guns and do what the Constitution and the law state.
And Roan Member of Parliament Chishimba Kambwili says if indeed President Lungu uttered what he is reported to have said in Solwezi yesterday he must be condemned.
Contributing to debate on the 2018 estimates of expenditure for the Judiciary, Mr Kambwili says respecting the judiciary must start with the President.
He states that Zambia has had five presidents who have ruled and gone, and there has never been chaos, wondering what will cause chaos over President Lungu.
Mr Kambwili says the President’s statement was careless.
But Vice President Inonge Wina has told Parliament that the President was not warning the judges, but merely counseling them on what is happening in other countries and what can happen in Zambia.
She says being the Chief Executive Officer of the country, the President Lungu has full responsibility of what goes on and would be held accountable if war broke out in the country.
Responding to a question by Chikankata Member of Parliament Kabwe Mwiinga who wanted to find out if the President’s remarks do amount to interference in the judiciary, Ms Wina says Zambians have a habit of copying and pasting whatever they learn in other countries.