High Court Judge Justice Pisirayi Kwenda has refused to recuse himself from presiding over the case in which 4 MDC Alliance are challenging their recall by the outfit led by Thokozani Khupe because he says the motion for him to recuse himself has no merit, The Herald reports.
The legal team of Chalton Hwende, Lilian Timveos, Prosper Mutseyami, and Thabita Khumalo has filed a motion for Justice Kwenda to step down from presiding on their case on the basis that Justice Kwenda had already decided on the main issues raised in the present application in his previous ruling against 14 other MPs who made a similar application.
In refusing to recuse himself, Justice Kwenda said:
I do not see the application or relevance of the ‘no-one is judge in his own cause’ rule to this matter.
In the result, I am not persuaded that the applicants have shown that there is a sound basis for my recusal from this case.
To withdraw from a case merely because a party suggests that a judge do so impairs judicial fairness. It allows parties to cherry-pick a bench of their choice.
The quartet who are being represented by Tendai Biti was the first to be recalled by Thokozani Khupe’s camp the moment she became the interim leader of the MDC T.
More: The Herald