COMESA Court of Justice begins sitting

The COMESA Court of Justice has begun sitting in Lusaka to hear an application by Malawi Mobile Limited in which the mobile company is seeking the recusal of Justice Mtambo from Malawi from its appeal case against the Government of Malawi.

Malawi Mobile Limited contends before the COMESA Court of Justice presided by Judge President Lombe Chibesakunda that since the conduct of the judges of the Supreme court of Malawi is being questioned, Dr. Justice Mtambo being a judge in the high court in Malawi would not technically be a judge in his own case since he is a member in the Malawi judiciary.

Malawa Mobile Limited lawyer, David Kanyenda argued that apart from being attached to the Malawi judiciary, the Judge in question sold off his law firm upon being appointed Judge to counsel for the applicant/respondent Malawi mobile limited and that the two had a tenant landlord relationship, a situation which can create an apprehension of bias in favor of the respondent law firm.

But Malawi Attorney General Kalekeni Kaphale urged the court to dismiss the application for recusal of the judge on grounds that the judge is a man of integrity.

Mr Kaphale says under the constitution of Malawi, judges have a security of tenure and are under judicial oath to be impartial.

And COMESA Court of Justice Judge President Lombe Chibesakunda has since set Thursday as the day of ruling.