High Court judge Simeon Mdeza has rescued himself from hearing a case involving former Minister of Lands, Housing and Urban Development, Kezzie Msukwa, and businessman Ashok Nair following accusation of corruption by the Anti Corruption Bureau (ACB) Director General Martha Chizuma revealed in a leaked audio recording chat with a friend.
Mdeza’s recusal has sparked debate on the social media that he is judge Chizuma, referred to in her phone conversation with a private person that some judge had received a bribe to grant Nair bail.
Nyasa Times understand that Judge Mdeza is consulting lawyers to sue Chizuma for defamation and character assassination saying “if Chizuma knew that I was receiving a bribe why didn’t she send in the police to arrest me, but chose to “gossip” and scandalise an innocent person in a case where she is seeking fame.”
In her conversation with the said private person, Chizuma expressed frustration with how the members of the Judiciary are frustrating national efforts to rid this country of endemic corruption.
However, the facts of the matter are that the Judge’s hands were bound by the Zomba High Court ruling by Judge Zione Ntaba who granted relief by way of judicial review to former Lands and Housing Minister Kezzie Msukwa.
Ashok could not be denied the same right when he applied to court to join the Msukwa judicial review.
Nyasa Times understands that some senior lawyers are at an advanced stage with their writ against Chizuma.
Malawi Law Society where Chizuma like all other practicing lawyers, is a member together with judges are yet to make a substantive commentary on the accusations and course of actions it will action to discipline her for breaches of its Code of Ethics and bringing the profession in disrepute.
Registrar of the High Court and Malawi Supreme Court of Appeal, Gladys Gondwe, confirmed Mdeza’s recusal from the case without reasons.
Gondwe said the Judiciary will assign another judge to handle the case.