MWAMBA REPORTS CHIEF JUSTICE MALILA TO AFRICA BAR ASSOCIATION

 

Sunday, February 8, 2026

ZIT – Former Ambassador Emmanuel Mwamba has formally reported Chief Justice Dr. Mumba Malila to the Africa Bar Association (AfBA), alleging collusion between Zambia’s judiciary and the executive branch in a move that undermines judicial independence.

In a detailed submission to AfBA, Mwamba singled out Dr. Malila, the head of the judiciary, claiming he has failed to uphold the constitutional principle of separation of powers—the foundational practice that ensures the executive, legislative, and judicial branches remain co-equal and independent, safeguarding against arbitrary use of power.

“Dr. Malila has failed to protect the judiciary from undue influence,” Mwamba stated, emphasizing the erosion of decisional independence—the principle that judges must rule solely based on facts and the law, free from fear of retribution or external pressure.

The former ambassador highlighted recent controversial judicial decisions, including the dismissal of three Constitutional Court judges and a ruling that barred former President Edgar Lungu from participating in future elections. Mwamba alleges these actions favored President Hakainde Hichilema by overturning earlier Constitutional Court judgments that allowed Lungu to contest elections, raising serious concerns about the judiciary’s impartiality.

The Africa Bar Association, widely regarded as the regional voice for Africa’s legal profession, promotes the rule of law, judicial independence, and human rights. Mwamba’s report urges AfBA to investigate these alleged breaches and take steps to ensure the judiciary functions independently, free from executive interference.

Legal experts and political observers say the report could spark a broader debate about judicial independence in Zambia, highlighting the delicate balance of power and the critical role of an impartial judiciary in democratic governance.

Mwamba, a former diplomat with extensive experience in governance and international law, said his decision to submit the report reflects concern that Zambia’s judiciary risks becoming an instrument of the executive rather than a check on its powers.

As the Africa Bar Association examines the submission, attention will focus on whether formal investigations or statements follow, with potential implications for Zambia’s democratic integrity and the credibility of its judicial system.