Zambia's judiciary bears brunt of power struggle

By Francis Maingaila

LUSAKA, Zambia (AA) – The judiciary in Zambia is facing the brunt of a power struggle between the ruling Patriotic Front (PF) and the opposition People’s Party (PP), with each side accusing the other of violating the country’s constitution.

On Aug. 8, the constitutional court of the country had passed a landmark judgment ordering 72 government ministers, including their deputies to vacate their offices that they allegedly held illegally and also pay back three months of salaries the ministers drew from the national treasury.

President Edgar Lungu had accepted the judgment and assured the people of Zambia that his ministers would pay back the money.

However, according to the opposition, Lungu and PF executives were now trying to hold the judiciary captive in order to stay in power.

The president’s critics accuse him of violating the constitution, especially for allegedly putting the separation of power and judicial independence in serious jeopardy.

The accusation came after the judiciary suffered a verbal attack and intimidation following the nullification of parliamentary seats won by the PF in the Aug. 11 election.

However, the president voiced his own grievances against the judiciary. On Nov. 30, Amos Chanda, the president’s press aide, accused the Zambian judiciary of scheming to oust the ruling party and replace it with the opposition through the back door.

Lungu had backed the statement made by Chanda. “I could not have put it any better than what my press said during the Sunday interview. I totally agree with his views,” he told the media on Nov. 30.

“Like any other person who [commits] errors, the judges are not immune from criticisms,” he added.

- Judiciary in the line of fire

Constitutional lawyers, opposition political party leaders, religious movements and civil society organization representatives accuse the ruling PF and the government of attacking the judiciary to consolidate its power.

“The judiciary cannot be accused of scheming to usher an opposition political party into government,” University of Pretoria Law Prof. Michelo Hansungule told Anadolu Agency in a phone interview, adding the nullification of PF’s parliamentary seats was based on evidence produced during a trial court.

In any case, Hansungule said, the petitioners had proved beyond reasonable doubt that “there was massive electoral violence and fraud, including falsification of election results, and also abuse of public resources prior to the Aug. 11 election.

“The judgment of the constitutional court that ordered ministers not only to vacate the office, but also to pay back the three months salaries [they] got after remaining in office following the dissolution of parliament on May 20 is evidence enough to show that there was massive abuse of public resources by the ruling party’s camp,” he said.

According to him, the ministers had used the money obtained from the treasury as salary to finance their campaigns contrary to the provision of the electoral act that prohibits the use of public resources during campaigns.

“Having been kicked out of the office, the Electoral Commission of Zambia should not have approved the candidatures of the former ministers in the Aug. 11 election,” Hansungule added.

- Opposition backs judiciary

PP President Mike Mulongoti told Anadolu Agency in an interview the disparaging remarks on the judiciary were meant to intimidate and discourage judges from discharging their duties.

“As stakeholders, we stand in solidarity with the judiciary and we shall not sit by watching the executive rape the judiciary.

“We demanded for the sound function of the democratic tenets of separation of powers where all three wings of government, including judiciary, executive and legislature are allowed to operate freely without undue influence or intimidation from any one wing,” Mulongoti said.

Meanwhile, he suggested the executive was apprehensive of the nullification of parliamentary seats because it affected presidential votes.

“The election of Lungu was disputed by his closest rival Hakainde Hichilema of the UPND [opposition United Party for National Development] and petitioned the results. Unfortunately, the petition could not be heard as the 14 days allocated lapsed while the court was still tabling the preliminary applications raised by the petitioners and now this! We have a feeling, the ruling PF could have lost the election,” he said.

“The nullification of the parliamentary seats for the PF gives [the opposition] the courage to demand for immediate restoration of the presidential petition which was dismissed by the constitutional court to validate President Lungu's victory,” he added.

- Will the government back down?

However loud the opposition may thump its chest and scream foul, the government it seems is in no mood for a compromise – at least not for now.

PF Deputy Secretary-General Mumbi Phiri maintained his party had genuinely won the nullified seats and would not allow the opposition UPND to use alleged underhand methods to take over the government.

“We are aware that the UPND is conniving with some judges to topple government using the judiciary. The UPND wants to use courts of law to form the government, but this won’t happen because we will not permit it,” Phiri told Anadolu Agency in an interview.