Ex-envoy, Mwamba, petitions AfBA, accuses Zambia judiciary of colluding with Hichilema govt to destroy rule of law

Zambia’s former Ambassador to Ethiopia, Emmanuel Mwamba, has written to the Africa Bar Association (AfBA) reporting what he alleges to be growing collusion between the country’s Judiciary and the Executive, accusing the Government of President Hakainde Hichilema of engaging in a “systematic destruction” of judicial independence and democratic institutions. The Africa Bar Association serves as a regional voice for the legal profession across the continent, with an established focus on the rule of law, judicial independence, and human rights. He singled out Chief Justice Dr.

Mumba Malila, whom he accused of failing to protect the separation of powers and the constitutional autonomy of the courts. According to Mwamba, the Executive, Legislature, and Judiciary—despite being constitutionally co-equal—were no longer operating independently. He said Chief Justice Malila had “failed to protect the Judiciary from decisional independence,” alleging that judges were increasingly unable to render judgments “based solely on facts and law, without fear of retribution, harassment, or external pressure.” Mwamba further alleged that the Chief Justice cooperated with the Executive in legal developments that barred President Hichilema’s political opponents from contesting elections.

He cited the dismissal of three Constitutional Court judges and a court ruling that prevented former President Edgar Lungu from participating in future elections by overturning earlier judgments that had allowed him to run. He also claimed that President Hichilema had effectively altered the Republican Constitution without following lawful procedures, despite a constitutional bill previously being rejected by the Constitutional Court. Mwamba accused the government of enacting “extremely repressive laws,” pointing specifically to the Cyber Security and Cyber Crimes Act, which he argued had strayed from its stated purpose of combating cybercrime and had instead become a tool to restrict freedom of expression, speech, and the media.

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In his letter, Mwamba reiterated long-standing claims that the government had interfered with the Patriotic Front (PF)by attempting to change its office bearers illegally, installing “stooges,” and effectively proscribing the former ruling party from elections and political engagement, including the use of its regalia. Mwamba said efforts by civic and political groups—including the Law Association of Zambia, Chapter One Foundation, the OASIS Forum, and the PF—to seek justice had been met with what he described as “active denialism and collusion” from both the Zambia Police Service and the Judiciary. Where relief had been granted, he said it amounted to “mere tokenism.”

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