Judiciary Drops Contempt Charges Against John Sangwa

Constitutional lawyer John Sangwa’s right to appear in court has been restored by the Judiciary, as it indicates that it will no longer be pursuing charges of contempt against him.

Sangwa’s suspension, announced earlier this year, followed his comments concerning the composition of the Constitutional Court, as well as the eligibility of President Lungu to run for a third term in office in 2021.

Sangwa, who previously wrote to President Lungu setting out his concerns regarding the Court prior to their appointment, alleged that the appointees were not suitably qualified for the posts.

“If you have never done Constitutional law in your life then you are not qualified, so when you take up a position in the Constitutional Court, that’s a bribe! You must have served for 15 years at the bar to be able to qualify. You must have been a legal practitioner and you must have done some work in the area of Constitutional law,” he was quoted as stating. 

Sangwa had also separately argued that because President Lungu has been elected twice he cannot seek a third term.

“When you read the language of the Constitution, it is very clear. The bottom line is President Lungu does not qualify to stand in 2021, the issue is as simple as that. The Constitution does not talk about the number of times you serve, it is the number of times you get elected… There is no provision for a third term in our Constitution!” he has argued.

Following his suspension, a number of civil society groups came to his defence. These included the Civil Society Constitution Agenda (CiSCA) and Amnesty International.

The Judiciary’s revised position was set out in a letter to the Law Association of Zambia (LAZ) and follows a recent statement by Sangwa in which he recognised the appointment of the Constitutional Court judges and respected their authority.

“When the names of the six nominees to the Constitutional Court were announced, in line with my oath of office as a lawyer and right and duty as a citizen to protect and defend the Constitution, I evaluated the qualifications of each nominee based on the documents submitted in support of their respective nominations against the relevant provisions of the Constitution. It was my opinion that none of the nominees qualified for appointment to the office of Judge of the Constitutional Court,” Sangwa stated.

“What is contained in the brief is and remains my opinion, given as part of the vetting process of the Judges of the Constitutional Court. My opinion was not accepted,” he continued.

However, despite his opinion on the matter being rejected by the authorities Sangwa confirmed that he ultimately accepts their appointment explaining, “Defending and protecting the Constitution is not just about ensuring that it is not violated. It is also about respecting the processes established by the Constitution and accepting the outcome. I have accepted the appointment of the Judges of the Constitutional Court and recognise and respect their authority.”

Commenting on the decision not to proceed with the charges Chief Registrar and Director of Court Operations Charles Kafunda stated, “In view of the statement issued by Mr Sangwa, SC the Constitutional Court will not proceed with the intended contempt charges against Mr Sangwa SC, consequently, the Judiciary has decided to restore Mr Sangwa’s right of audience before all courts in Zambia.”