Political power and all its trappings are a human construct, hence its longevity and hold remains a constant exercise of skill and state craftsmanship. In Zambia, with our hue of democracy, we have a Presidential system, with the President occupying a very powerful position that is akin to organizations having one person that is both the chairperson and chief executive officer.
Even if we theoretically have the separation of powers through the three arms of government, the executive headed by the President, the Legislature headed by the Speaker and the Judiciary headed by the Chief Justice, our legal system still gets an elected President to nominate and effectively appoint the Speaker and the Chief Justice.
This in effect makes the President the most powerful figure in the sovereign, as a shrewd appointment of “cronies or user friendly” people to the Speaker and Chief Justice positions basically secures the sitting president ultimate control not only of the executive, but of the Judicial and legislative agenda of the nation. It is this possibility of attaining absolute power that perhaps is the most dicey.
It is said that power corrupts, and that absolute power corrupts absolutely. And like most, if not all Presidents before him, President Hakainde Hichilema – HH has now made appointment in the Judiciary that any initiated citizen would recognize as an exercise in further consolidating his power and grip on the Judiciary.
In a statement seen by the Zambian Business Times – ZBT, President HH has appointed Professor Judge Margerate Munalula as Judge President of the constitutional court, replacing Hildah Chibomba, an appointee of his predecessor former President Edgar Lungu. Judge Munalula has been a Judge even during the previous regime and became famous for issuing dissenting judgements.
HH has further appointed Judge Anold Mweetwa Shilimi as deputy president of the Constitution court replacing Judge Annie Mwewa – Sitali – another appointee of former President Lungu – who had acted as President after the departure of Judge Hildah Chibomba. Shilima has wide international experience having worked in Kenya and UK, and had been a partner in the firm of Mwansa, Phiri, Shilimi & Theu Legal Practitioners
And in what can be seen as packing the constitutional court with his appointees to be in a majority, President HH has appointed High court Judge Maria Mapani-Kawimbe, Mudford Zachariah Mwandenga and a Judge embroiled in a legal controversy with his research advocate – Judge Kenneth Mulife.
For the court of appeal, HH has appointed Judge Mwiinde Siavwapa as Judge President. The head of state has also appointed Abha Patel and Yvonne Chembe as judges of the court of appeal.For the High Court, President HH has appointed ZIALE Executive Director Anne Malata-Ononuju, Laston Mwanabo, Mwaka Samundengu, Mbile Wina, Enias Chulu, Oblister Musukwa, Geoffrey Mulenga, Vincent Siloka, Malario Nyirenda, Greenwell Malumani, Mabolobolo Mwanajiti and Chocho Situmbeko.
The question that will only be answered by time, is how HH will use this consolidated power. Will it be a force for good, Will it benefit the country and the majority of its humble citizens, will he manage to resist the temptation of abuse and use it to eliminate political competition, will he resist the temptation of the ability to engage in absolute corruption?. Only time will tell
