Ex-Appeal judge asks Constitutional Court to rule on part-time judicial roles

Former Court of Appeal Judge Dominic Sichinga has asked the Constitutional Court to clarify whether judges who accept part-time or external appointments must resign from the Bench — an issue he says has led to inconsistent practice within the Judiciary.

Justice Sichinga has filed an originating summons seeking an interpretation of Article 142(6) of the Constitution, which states that when a judge is appointed to an office not in the Judiciary “and wishes to take up that role, the judge shall resign.”

He resigned from the Court of Appeal on March 31, 2025 after accepting an appointment as a Non-Resident Judge of the Seychelles Court of Appeal, a role requiring him to sit only three times a year.

In his affidavit, he said Article 142(6) left him with no option but to step down because the Seychelles role was not an office within the Zambian Judiciary.

Justice Sichinga argued that other judges have taken up external appointments both locally and internationally without resigning.

He cited examples including service as Commissioners to the African Commission, Rapporteurs to the African Committee of Experts on the Rights and Welfare of the Child, members of the SADC Administrative Tribunal, lecturers at the Zambia Institute of Advanced Legal Education (ZIALE), and arbitrators in domestic and international matters.

He also referenced the resignation of Justice Nicola Sharpe-Phiri, who stepped down from the Court of Appeal after accepting a similar non-resident appointment in Seychelles.

Justice Sichinga submitted that the matter carries fundamental constitutional importance, especially in light of ongoing and pending appointments of Zambian judges to international bodies, including the United Nations Dispute Tribunal.

The petition further highlighted challenges facing the Judiciary, including understaffing — reflected in recent recruitment advertisements — and opposition from the Legal Resources Foundation Limited, which has petitioned the Constitutional Court questioning the constitutionality of the current judicial recruitment process.

The State, through Attorney General Mulilo Kabesha, SC, is expected to respond within 14 days.

Justice Sichinga previously served as Solicitor General, Permanent Secretary, High Court Judge and later Judge of the Court of Appeal, building a career since his admission to the Bar in 1996.

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