Author(s): Milambo Chibbonta Pupwe and Chipasha Mulenga

Abstract: The Constitution (Amendment Act No. 2) 2016 provides the qualifications for and mechanisms on the appointment process of judges that superintend on the Constitutional Court. The Court, which ranks in parri passu with the Supreme Court, is mandated to determine matters that are purely ‘constitutional’ and those out of the realm of other courts such as the High Court. Despite this noble responsibility, there has been public outcry that the appointment process is flawed leading to the appointment of either unqualified persons or those considered loyal to a political party in office. This, in turn, result in a compromise of the court’s decision making thus leading to an exacerbation of the erosion of public confidence in the court. Of primary concern also, is the legitimacy of the decisions by the court in matters where there is political interest or where the ruling party seemingly has interest. The article questions the legitimacy of the appointment and removal of judges of Zambia’s Constitutional Court arguing that the process is flawed and prone to abuse.

DOI: 10.22271/2790-0673.2025.v5.i2e.253

Pages: 411-419 | Views: 131 | Downloads: 68

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