Constitutional Court Judge Justice Margaret Munalula has directed the Attorney General to respond to the Petition in which two citizens are challenging the process of appointing 20 Judges of the superior courts by 6th April, 2023.
Meanwhile, the petitioners have this afternoon successfully filed an application for an interim conservatory order to preserve the status quo on number of Judges of the superior courts pending determination of the matter.
In an interview this morning, Mr Maurice Makalu said his lawyers appeared before the Court this morning and the Judge indicated that the case is peculiar as it challenges the appointment of the judges of the court and that the court has to determine how such a case would be heard since it has interest in it.
What is surprising is that the Judge has told our lawyers that they cannot make interim applications before the matter is allocated, a direction which is alien because she was sitting herself and giving directions. However, we have still instructed our lawyers to go ahead and file an application so that justice can be served.
This is a case in which, Governance Activist, Isaac Mwanza, and Culture Change Consultant, Maurice Makalu, have petitioned the Constitutional Court on the appointment of judges. They are alleging that the process to recommend 20 judges for appointment was flawed as it did not follow the principles and values stipulated in the Constitution, and is illegal.
Meanwhile lawyers petitioners asked the Court to issue a temporally order to preserve the status quo of the Judges until the final determination of the matter.
They also want the appointments quashed and a direction for the Judicial Service Commission to restart the process so that Judges can be appointed on merit, and in compliance with the constitution.
