Email a copy of 'Of Judge Mtambo’s refusal to recuse himself in Mphwiyo shooting case: Law-journal column on Nyasa Times' to a friend
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Email a copy of 'Of Judge Mtambo’s refusal to recuse himself in Mphwiyo shooting case: Law-journal column on Nyasa Times' to a friend
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Malawi’s premier mobile phone company Telekom Networks Malawi (TNM) on Sunday announced two donations of over K2.7 million to Dwangwa...
You opened you article with “..if the judge decides that it is not appropriate for him [her] to hear a case before him [her] [a judge faced with circumstance(s) where a any reasonable person with sufficient knowledge of all the facts of the case and the circumstances] must step aside fearing appearances of apparent bias or actual bias”. The learned judge having considered everything has decided that it is not appropriate for him to recuse himself from the case and you are claiming that was a wrong decision without proffering concrete evidence why he should not have made such a… Read more »
The story does not have strong arguments to prove that the judge erred. The author must be an interested party especially on the side of the accused.
Who’s the author of this article? Kasambara uyu
I wonder why these judges call the accused ‘mafias’ before they prove them. The fact that they are named mafias, it shows that these judges already have negative perception towards them hence the mafias cant defend themselves and being heard.
Suppose that Kumwembe in question was a certain mad man, crooked and an intelligent cheat. He is not but just assume, he was. Is the court bound to always accept such assertions and change judges solery on the account of the accused? Does the court have any role to analyse the assertions (as Judge Mtambo did) and in the end make a decision (a BIG NO decision or YES to change). OK, if one was allowed to influence change of judges like that, how would it be brought to a stop? after changing 10 judges? or until one has a… Read more »
kumwembe and his team want to plead innocence when they are violent people. they want judge shopping and they want to influence the result, where in the world will that be justice. the way i know mtambo he is moving no inch and if he dies then we know you have a hand kumwembe. when he started hearing your case you were quiet but when he found you with prima facie evidence — now is the right time to get him off? the guilty verdict is just now obvious. There is justice in Malawi with Appeals Court, three judges will… Read more »
Judge shopping ya Kasambara iyi, we all know he is trying all the tactics to corner and exert pressure on the honorable judge to recuse himself, what is he afraid of? Mtambo Sir carry on , we are praying for you, no evil formed against you by this evil man shall prosper!
You openeed your argument well “a fair minded etc.” now should fair mindedness be only to the those requesting the judge to recuse themselves? What about also a fair minded judge who should hear the recusal application? if the author of this biased article thinks the judge would so competently hear the recusal application, is he competent to hear the whole case? or any other case? i am of the view that the judge was right to hear the matter and determine it the way he did. the accused hear are just judge shopping. we cant tolerate that.
Ndiye Mtamboyo wakukanirani. Mutani??? Basi amene mwalemba nkhaniyi muthandidzeni kumwembeyo pomuwombera Mtambo. Kumwembe ali ndi ufulu koma Mtambo naye alinawo ufulu osiya nkhani kapena kutipitilidza. In this case he Mtambo feels wont be biased.
WHERE ON EARTH HAVE YOU SEEN THE OFFENDER CHALLENGING A JUDGE JUST PUT HIM LIKE IN PRISON DONT WASTE OUT TIME EH!