When the Courts close, who protects the constitution?

19 Views By Thandiwe Ketiš Ngoma What is happening in Zambia today is deeply disturbing. The closure of courts across the country, particularly on a day when the constitutional window for challenging the presidential election is at stake, raises serious questions about access to justice, judicial independence and the rule of law. Let us be […]

19 Views

President Hichilema

Brian Mundubile

By Thandiwe Ketiš Ngoma What is happening in Zambia today is deeply disturbing. The closure of courts across the country, particularly on a day when the constitutional window for challenging the presidential election is at stake, raises serious questions about access to justice, judicial independence and the rule of law. Let us be clear: the Judiciary is not the property of any President, political party or government. It belongs to the Constitution and, ultimately, to the people of Zambia. If the courts are closed at the very moment citizens may need to invoke their constitutional right to challenge an election, the consequences go far beyond one political contest. It strikes at the very foundation of constitutional democracy. The Chief Justice and every judge in Zambia should understand the historic responsibility that rests on their shoulders. They have spent years building their reputations, careers, integrity and standing within the legal profession. That legacy can take decades to build—but only one decision can permanently damage it. Judges will eventually leave the bench. Governments will eventually change. Presidents will eventually leave office. Political parties will rise and fall. But the decisions made today will remain part of Zambia’s constitutional history. If the Judiciary is perceived to have bowed to political pressure, no explanation will easily erase that perception. And if judicial independence is compromised for political convenience today, tomorrow it may be another government, another President and another set of citizens seeking justice who suffer the consequences. This is therefore not simply about HH. It is not simply about UPND or the opposition. It is about whether Zambia remains a country where constitutional rights can actually be exercised when they matter most. The Judiciary must have the courage to stand independently—even when independence is uncomfortable, even when it is unpopular, and even when powerful interests are involved. A court that cannot open its doors to those seeking constitutional justice ceases to be merely a building that is closed. It becomes a symbol of a democracy whose doors are being shut. The question history will ultimately ask is simple: When the Constitution needed protection, who stood up for it? And to the men and women of our Judiciary: your professional legacy is in your hands. Protect the Constitution. Protect the independence of the Judiciary. Protect the right of every Zambian to seek justice. Zambia deserves nothing less.