ECL initiates action recusal for three ConCourt judges

By Hannock Kasama

Former President EDGAR LUNGU has filed a Notice of Motion in the Constitutional Court seeking the recusal of three judges from presiding over his eligibility for the 2021 General Election and future ones.

In a Notice of Motion, accompanied by an affidavit in Support, Mr. LUNGU has contended that the three Judges namely Constitutional Court President MARGARET MUNALULA, her Deputy ARNOLD SHILIMI and MAPANI KAWIMBE must recuse themselves as they allegedly have potential to be biased in their opinions over the case.

Mr. LUNGU has argued that between 2016 and 2021 Justice MUNALULA delivered dissent judgments in favour of President HAKAINDE HICHILEMA.

He has also argued that Judge MUNALULA was one of the Judges few years ago, reported to the Judicial Complaints Commission, along with three suspended Judges ANNIE SITALI, PALANI MULONDA and MUGENI MULENGA.

Mr. LUNGU has also alleged that Judge SHILIMI is a professional associate of President HICHILEMA.

He has also contended that Judge MAPANI KAWIMBE allegedly has a familial relation with President HAKAINDE HICHILEMA.

Meanwhile the state is expected to file a reply on Wednesday pending the Constitutional Court’s formal hearing of the application on Thursday this week, where Mr. LUNGU is seeking the recusal of three judges from presiding over his case.

This is in a matter where Youth Activist MICHELO CHIZOMBE has sought the Constitutional Court’s determination on whether or not Mr. LUNGU was eligible to contest the 2021 General Election.

Mr. CHIZOMBE also wants the court to determine Mr. LUNGU’s eligibility for future elections.