FORMER UPND Katuba Member of Parliament Bampi Kapalasa has discontinued his petition challenging the appointment of Constitutional Court judges.
Mr Kapalasa had argued that the judges did not meet the constitutional requirements, lacking specialised training or experience in human rights or constitutional law.
The matter was withdrawn and discontinued after a consent order was signed by a seven-member panel of judges, including Justice Professor Margaret Munalula.
Mr Kapalasa had sought declarations that the appointment of the judges was unconstitutional and that they should vacate office.
In his petition, he claimed that the judges did not satisfy the requirements of Article 141(b) and 141(2) of the Constitution of Zambia.
The petition had also sought to nullify the appointment of all judges of the Constitutional Court, except for Justice Professor Munalula.
Attorney General Mulilo Kabesha has defended the qualifications of seven Constitutional Court judges, arguing that they meet the requirements outlined in Article 141(1)(b) and Article 141(2) of the Zambian Constitution.
The judges in question are Justice Arnold Mweetwa Shilimi, Justice Martin Musaluke, Justice Mathew Chisunka, Justice Judy Zulu-Mulongoti, Justice Mudford Mwandenga, Justice Maria Mapani Kawimbe, and Justice Kenneth Mulife.
Mr Kabesha had argued that the appointment process was duly followed, and the judges were properly vetted and ratified by Parliament.
The Attorney General argued that the issue of the judges’ qualifications had already been settled in a previous court decision, Isaac Mwanza & Maurice Makalu V AG – 2023/CCZ/005.
In that case, the court interpreted Article 141(1)(b) to mean that a person qualifies for appointment as a Constitutional Court judge if they possess either specialised training in human rights or Constitutional law or have experience in these areas.
