Irene Mambilima: Difference between revisions

|alma_mater = University of Zambia (LL.B)

University of London (LL.M)|birth_date = March 31, 1952

Chiwoko Village, Chipata.|spouse = Major Joseph Mambilima (Retired)

Five children|termstart1 = March 20, 2008}}

{{Featured article}}

'''Irene Chirwa Mambilima''' is the [[Chief Justice of Zambia]], in office since 2015. Prior to her appointment as Chief Justice, Mambilima was the Chairperson of the Electoral Commission of Zambia. In this position, she presided over Zambia's 2006, 2011 presidential and parliamentary elections, and the January 2015 presidential by-election. She has been part of several election observer missions including in Liberia, Kenya, Mozambique and Seychelles.<ref name=":0">{{Cite web|url = http://www.judiciary.gov.zm/index.php/80-press-releases/161-the-hon-chief-justice-profile|title = Judiciary of Zambia}}</ref> Other past international assignments have included serving as Sessional Judge of the Supreme Court of [[The Gambia]].<ref>{{Cite web|url = http://www.parliament.gov.zm/node/1360|title = Parliament of Zambia|date = |access-date = |website = |publisher = |last = |first = }}</ref>

Justice Mambilima sits on the International Board of the International Association of Women Judges (IAWJ) as a Director of the Africa Region. She is also a member of a number of professional associations including the Zambia Association of Women Judges, the Editorial Board Council of Law Reporting, the Child Fund (Zambia), Women in Law Southern Africa, and the Council of the Institution of Advanced Legal Education.<ref name=":1">{{Cite web|url = http://www.iawj.org|title = IAWJ}}</ref>

In 2002 she was elevated to the Supreme Court bench. While serving as a Supreme Court Judge, she was seconded to the Electoral Commission of Zambia (ECZ) as Chairperson in 2005. In that capacity, she presided over the [[Zambian general election, 2006|2006 General Elections]]. In 2008 she was recalled from ECZ and appointed as Deputy Chief Justice.<ref>[https://business.highbeam.com/3548/article-1G1-176898715/mambilima-appointment-ratified Mambilima Appointment Ratified]. ''Highbeam Business'', 20 March 2008</ref><ref>{{Cite web|title = National Assembly Website|url = http://www.parliament.gov.zm/node/1741|website = Debates - 19 March 2008|access-date = }}</ref> During her tenure as Deputy Chief Justice she was seconded once more to the ECZ to preside over the [[Zambian general election, 2011|2011 General Elections]], and [[Zambian presidential election, 2015|2015 Presidential by-election]]. She was appointed as Chief Justice in February 2015 and took the oath of office at State House on March 2, 2015.

Two of Justice Mambilima's most high profile decisions have centred on the tribunals constituted to investigate alleged corruption and abuse of office by the former Transport and Communications Minister in the [[Rupiah Banda]] administration and the former Director of Public Prosecutions in the Michael Sata administration.

The tribunal to investigate Dora Siliya, former Transport and Communications Minister, was established to investigate allegations that she awarded contracts to two firms without following laid down procedures in violation of Parliamentary and Ministerial Code of Conduct Act.<ref>[https://www.lusakatimes.com/2009/02/19/acting-chief-justice-is-to-set-up-a-tribunal-to-probe-siliya/ Acting Chief Justice to set up tribunal to probe Siliya]. ''Lusakatimes'', 27 February 2009</ref> The tribunal was set up in February 2009, and it's published findings<ref>{{Cite web|title = Dora Siliya Tribunal - Final Report|url = http://www.scribd.com/doc/15699793/Dora-Siliya-Tribunal-Final-Report|website = |access-date = }}</ref> found Ms. Siliya in breach of multiple statutes, but left the resolution in the president's hands. Siliya did not face prosecution.

The [[Zambian general election, 2006|2006 general elections]] were held on 28 September. Opposition leader [[Michael Sata]] took an early lead in the count but as the majority of results came in his position slipped to third with the incumbent President [[Levy Mwanawasa]] taking a commanding lead. This announcement triggered protests by Sata’s supporters in the country’s capital, Lusaka and later spread to Kitwe, an industrial city in the copper mining region.<ref>[http://www.nytimes.com/2006/10/03/world/africa/03zambia.html?_r=1& Riots Spread as Incumbent Widens Lead in Zambia Vote]. ''New York Times'', 3 October 2006.</ref> The protests were met with force by armed police. And the electoral commission delayed the announcement of more results because of the violence.

Sata alleged fraud citing that 400,000 votes in his strongholds were unaccounted for in the ongoing tally, and vowed to challenge the results. Justice Mambilima confirmed that the commission would investigate the complaints but none were substantiated.<ref>[http://news.bbc.co.uk/2/hi/africa/5400840.stm Poll Victory for Zambia President]. ''BBC News'', 2 October 2006.</ref> Mwanawasa emerged victorious, securing a second term in office with 1,177,846 votes to Michael Sata’s 804,748. The president’s ruling party, Movement for Multi-Party Democracy (MMD), secured 45% of the seats in parliament, with the remainder split among the remaining parties. He was sworn into office on October 3, 2006 serving until [https://www.lusakatimes.com/2008/08/19/zambian-president-mwanawasa-has-died-rb/ his death on August 19, 2008].

Following the death of President [[Levy Mwanawasa]] in office, a special presidential by-election was called to fill the vacancy. The main contenders were the country’s vice-president [[Rupiah Banda]], [[Michael Sata]] and [[Hakainde Hichilema]]. Once again there were allegations of rigging by the ruling party, aided by the electoral commission. Justice Mambilima did not oversee these elections as ECZ chair as she had taken up her new position as Deputy Chief Justice. Her successor Justice Florence Mumba defended the commission’s work in difficult and unprecedented circumstances, and assured the nation that the elections would be conducted in a credible manner.<ref>[http://www.iol.co.za/news/africa/ecz-denies-vote-rigging-claims-1.421373 ECZ Denies Vote-Rigging Claims]. ''IOL News'', 22 October 2008</ref> Rupiah Banda won by a narrow margin, and opposition protests similar to those in 2006 ensued. This did not change the outcome or compel the commission to call for a recount. Banda was sworn in as president on November 2, 2008<ref>[http://m.voanews.com/a/a-13-2008-11-02-voa11-66796137/373828.html Rupiah Banda Sworn In as Zambian President]. ''VOA News'', 2 November 2008</ref> with his term ending in 2011.

The losing candidate, Michael Sata, continued to seek a recount and took his petition to court,<ref>[https://www.lusakatimes.com/2008/11/14/sata-launches-court-challenge/ Sata Launches Court Challenge]. ''Lusakatimes'', 14 November 2008</ref> where the case made it to the Supreme Court. In her ruling, Justice Mambilima threw out the petition, declaring "...the application is refused...with costs."<ref>[http://www.iol.co.za/news/africa/zambia-court-rejects-recount-bid-1.436966 Zambia Court Rejects Recount Bid]. ''IOL News,'' 11 March 2009. </ref> The court deemed the petition premature since no evidence was given to support a recount. Sata discontinued his court action.  

Zambia went to the polls on September 20, 2011 and as early results came through opposition leader Michael Sata was in the lead. Later it was shown on ECZ’s official website that Sata had widened his lead in 133 out of 150 constituencies but the site was later taken offline with the commission claiming it was hacked and that the results weren’t official. This led to an outcry that the commission was indeed working with the ruling party to rig the election in Rupiah Banda’s favour.

Justice Mambilima later appeared on national television to confirm the election results,<ref>[http://www.bloomberg.com/news/articles/2011-09-21/zambia-opposition-leads-incumbent-in-presidential-election Zambia Opposition Leads Incumbent in Presidential Election]. ''Bloomberg News'', 21 September 2011.</ref> a first for a sitting ECZ chairperson. She also appealed for calm as tallying continued through the night. On September 23, 2011 [[Michael Sata]] was confirmed as the duly elected president of Zambia. Days later it was revealed that outgoing president Rupiah Banda resisted conceding defeat and Justice Mambilima threatened resignation in protest. This is largely unverified but accepted lore among Zambians<ref>{{Cite web|title = Questia Magazine: Fighting for Power|url = https://www.questia.com/magazine/1G1-254313999/fighting-for-power-zambia-s-general-election-is-expected|website = |access-date = }}</ref> despite Justice Mambilima’s protestations.

After the new government was ushered in, she called for them to help decentralise ECZ, allowing them to hire full-time employees at district level to improve efficiencies and be funded appropriately. In the aftermath of these polls Mambilima was largely praised for the commission’s conduct. She was seen as tough and unyielding in the face of political pressure. However, with a slew of parliamentary results later overturned through the courts on various grounds such as electoral malpractice it has been questioned whether ECZ and other bodies were correct in declaring the polls free and fair.<ref>[https://www.lusakatimes.com/2014/03/28/2011-general-elections-free-fair-justice-mambilima/ 2011 General Elections were Free and Fair]. ''Lusakatimes'', 28 March 2014.  

A presidential by-election was held on January 20, 2015 following the death of President [[Michael Sata]]. The election was tightly contested between the ruling Patriotic Front (PF) and opposition United Party for National Development (UPND), the parties that eventually finished first and runner-up, respectively.<ref>{{Cite web|url = http://www.elections.org.zm/results/2015_presidential_election|title = Electoral Commission of Zambia|date = |access-date = |website = |publisher = |last = |first = }}</ref> With a charged atmosphere and violence seemingly imminent, Justice Mambilima took a firm stand and warned the two front-runners against trying to intimidate electoral staff. Justice Mambilima, who is sometimes called Zambia's 'iron lady' <ref>{{Cite web|url = http://allafrica.com/stories/201501091265.html|title = All Africa.Com|date = |access-date = |website = |publisher = |last = |first = }}</ref> in reference to her firmness, also warned against claiming electoral victory before the official announcement and inciting premature celebration among supporters.<ref>{{Cite web|url = http://www.postzambia.com/news.php?id=5526|title = The Post|date = |access-date = |website = |publisher = |last = |first = }}</ref> The UPND wrote to Justice Mambilima claiming electoral malpractice by the PF and asking her not to declare a winner,<ref>{{Cite web|url = http://zambianeye.com/archives/28349|title = Zambian Eye|date = |access-date = |website = |publisher = |last = |first = }}</ref> a request the Commission did not indulge. When [[Edgar Lungu]] was declared winner, the UPND accused the Electoral Commission of conniving with the PF to manipulate the results, an allegation that Justice Mambilima dismissed. She argued that the process had been transparent and the UPND had been represented at every stage and would therefore also be party to the rigging they were accusing the Commission of.<ref>{{Cite web|url = http://zambiadailynation.com/2015/01/25/rigging-claims-unfounded-says-ecz/|title = Daily Nation|date = |access-date = |website = |publisher = |last = |first = }}</ref> The following month, the UPND supported Justice Mambilima's ratification as Chief Justice.<ref>{{Cite web|url = http://www.mwebantu.com/2015/02/03/upnd-to-support-ratification-of-justice-ireen-mambilima-as-new-chief-justice/|title = Mwebantu|date = |access-date = |website = |publisher = |last = |first = }}</ref>

{{reflist|30em}}

* [http://www.elections.org.zm/2011_elections.php Election Commission of Zambia] for the 2011 election

* [http://www.elections.org.zm/results/2015_presidential_election Election Commission of Zambia] for the 2015 Election  

* [http://www.judiciary.gov.zm/ Judiciary of Zambia]

[[Category:Zambian law|Judges]]