President Lungu has no hand on selecting nominees for appointment as judges – YALI

Isaac Mwanza

The Young African Leaders Initiative (YALI) has commended President Edgar Lungu for following laying down procedure in the appointment of Judges, marking a departure from what used to happen in the past before the amendment of the Constitution.

YALI Governance Advisor Isaac Mwanza notes that while Article 92(2) (e) of the Constitution has vested powers in the President to appoint persons including Judges as are required by the Constitution or any other law, presidential appointments of Judges are not done by the President selectively handpicking nominees.

Mr. Mwanza explains that nominees for appointment as Judges are recommended by the Judicial Service Commission in accordance with Article 140 of the Constitution, as opposed to the repealed Article 46(6) of 1996 Constitution, were the President was not obliged to follow the advice tendered by any other person or authority.

He states that it is therefore unfounded for anyone to accuse the President of selecting persons for appointment as Judges when the recommendations are made by the Judicial Service Commission chaired by former Chief Justice Mathew Ngulube.

Mr Mwanza says he believes that the judges whose appointments have been ratified by the National Assembly have carefully been scrutinized by the Judicial Service Commission.