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The Constitutional Court has dismissed a petition filed by Lusaka lawyer, Tresford Chali, who sought to challenge the suspension and intended removal of three Constitutional Court judges, ruling that it had no jurisdiction to hear the matter.
Chali had petitioned the court against the Judicial Complaints Commission (JCC) and the Attorney General, arguing that the JCC acted unconstitutionally in the manner it conducted its proceedings and in issuing a report recommending the removal of Justices Anne Sitali, Mungeni Mulenga and Palan Mulonda.
In its ruling, the court noted that Chali’s petition challenged findings contained in the JCC’s report dated October 20, 2024, which was submitted to the President with a recommendation for the judges’ removal.
“It is trite in this jurisdiction that a person who seeks to challenge the actions or decisions of an inferior administrative body can only do so by way of judicial review,” the court held.
The bench found that all the issues raised by Chali emanated from the JCC’s findings and, therefore, ought to have been addressed through judicial review before the High Court, not by way of a constitutional petition.
The court also took judicial notice of an existing case—Cause No. 2024/HP/1651—in which the three affected judges have already commenced judicial review proceedings challenging both the actions of the JCC and the President’s decision.
“If in the process of hearing the judicial review proceedings a constitutional question arises, the court presiding over that matter is mandated to refer such question to this court in line with Article 128(2) of the Constitution,” the ruling stated.
The Constitutional Court further emphasized that maintaining comity between courts required declining jurisdiction, as the matter did not fall within Article 128(1)(e) of the Constitution.
“We are therefore of the considered opinion that there is no legal basis upon which this court can invoke its jurisdiction to determine the allegations raised by the petitioner,” the bench ruled.
The petition was dismissed for want of jurisdiction.
The ruling was delivered by a panel comprising Justices Arnold Shilimi, Martin Musaluke, Mathew Chisunka, Judy Mulongoti, Mudford Mwandenga, Maria Kawimbe and Kenneth Mulife.
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