Acting CJ Gwaunza Refuses To Recuse Herself From Malaba Case

Acting Chief Justice Elizabeth Gwaunza has refused to recuse herself from presiding over the case of former Chief Justice Luke Malaba. Pindula News present below Zimbabwe Human Rights NGO Forum’s update on the matter.

Acting Chief Justice, Justice Elizabeth Gwaunza, has dismissed the objections by Musa Kika, Young Lawyers Association of Zimbabwe (YLAZ) and Fredrick Mutanda to recuse herself from a case management meeting. The meeting relates to the matter in which Marx Mupungu, represented by Lovemore Madhuku, has dragged Kika, Mupungu and YLAZ to court seeking to have the Constitutional Court dismissed the High Court judgment that declared that former Chief Justice Luke Malaba should retire when he turned 70 on 15 May 2021.

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The Acting Chief Justice expressed disquiet over the way letters objecting to her presiding over the case management meeting were crafted. She stated that she is not accepting that she is conflicted to the extent that she should recuse herself from presiding over a case management meeting.

The court directed that opposing papers be filed by 18 June 2021. The Applicant will file his answering affidavit and heads of arguments on 21 June 2021. Respondents will file their heads by 5 July and the matter will be heard on 14 July 2021

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