Judges Association moves to join Constitutional Court case on external appointments

The Magistrate’s and Judges Association of Zambia (MAJAZ) has applied to the Constitutional Court to join a high-stakes matter that could redefine the boundaries of judicial service and external appointments for sitting judges in Zambia. The application, scheduled for hearing on Monday, 8 June 2026, stems from an originating summons filed in November 2025 by former Court of Appeal Judge, Dominic Yeta Sichinga, who resigned from the bench on 31 March 2025 to take up an appointment as a Non-Resident Judge of the Seychelles Court of Appeal. The legal battle centres on the interpretation of Article 142(6) of the Constitution of Zambia, which governs the external engagements of judicial officers.

In his originating summons, Justice Sichinga, reveals a contentious backdrop to his departure from the bench. He states that he and fellow Justice Nicola Ann Sharpe-Phiri were compelled to resign from their positions as Justices of the Court of Appeal of Zambia after accepting ad-hoc positions in the apex court of Seychelles, a fellow Commonwealth jurisdiction. Justice Sichinga, argues that this compulsion represents an unequal application of the law, pointing out that other Zambian judges holding ad-hoc positions have historically retained their seats within the local judiciary.

His application seeks a definitive interpretation from the Constitutional Court on what strictly constitutes an “office” under Article 142(6), and whether it extends to public or private institutions either locally or abroad and whether accepting a part-time, temporary, or ad-hoc assignment outside the Zambian judiciary legally mandates a judge’s immediate resignation. That appointment crystalized the very inconsistency at the heart of Justice Sichinga’s case: two judges accepting comparable external appointments, with two entirely different outcomes for their domestic tenure. In an affidavit supporting the application for joinder, MAJAZ National Secretary Allan Ngobola argued that the association has a vital interest in the outcome of the case.

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While Justice Sichinga, has already resigned, MAJAZ represents active judicial officers who face immediate exposure to the court’s eventual ruling. According to the association, a restrictive interpretation of the Constitution could severely disrupt the professional development and international standing of the Zambian judiciary. “Some of the members of the Intended Party are currently serving part-time appointments in various committees at international organisations such as the United Nations, while others are undertaking part-time local assignments such as lecturing in various Universities and institutions, and sitting as arbitrators,” reads the affidavit. MAJAZ contends that joining the proceedings as a second applicant is necessary to protect the welfare, dignity, and traditions of judicial office, ensuring that the diverse interests of active sitting judges and magistrates are fully represented without duplicating legal actions.

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