Africa-Press – Zambia. Former Attorney General and past Law Association of Zambia (LAZ) President, Musa Mwenye, SC, has warned that Zambia’s democracy faces serious risks if government officials and Parliament continue to disregard judicial rulings.
In a wide-ranging interview with Ambassador Emmanuel Mwamba, Mwenye described as “a dangerous red flag” suggestions that Constitutional Court judgments could be ignored in relation to Bill 7.
“It is unacceptable under any circumstances for any arm of government to say a court judgment will not be observed,” he said. “Every official and every citizen is only one step away from needing the protection of those same courts. To disregard them undermines the very foundation of our democracy.”
Mwenye said his hope was that Speaker of the National Assembly, Nelly Mutti, SC, had been misquoted in remarks suggesting Parliament could disregard the Constitutional Court ruling on Bill 7.
He recalled working with her during her time in civil society, when both campaigned to defend constitutionalism in Malawi.
“I cannot imagine any situation where the Speaker would advocate ignoring a court judgment,” he said. “The courts are the ultimate safeguard, even for those in power today who may be out of favour tomorrow.”
The senior lawyer also criticized a growing trend in legislation emerging from the Ministry of Justice, citing the proposed NGO Act and the Cybersecurity Law as examples of measures that risk narrowing democratic space.
“We must enhance democracy, not regress,” he stressed. “The Constitution requires that the President annually account for how directive principles, including the advancement of democracy, are being observed. Zambia is a plural society, and our laws must reflect that.”
On the recent Superior Courts Law, which expanded the number of judges in the Constitutional Court, Supreme Court, and High Court, Mwenye cautioned that while addressing workload is valid, the recruitment process must be based on merit and transparency.
“Appointments to the bench should inspire confidence and protect rights,” he said. “Other African countries hold public interviews for judges so that the process is transparent. We should move in that direction.”
Mwenye concluded with a stark warning: Zambia’s democratic future depends on safeguarding judicial independence and respecting the rule of law. Ignoring court rulings or politicizing judicial appointments, he said, would set the country on a path of democratic backsliding.
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