recusal

A major new decision from Malawi’s high court on the vexed question of judicial recusal has laid down the law on the subject. It included strong words against the Anti-Corruption Bureau’s legal strategy – bringing a recusal application based on no arguments at all, but only a suggestion that the matter surrounding the appeal application was ‘too sensitive’ even to give reasons.

A new decision from Lesotho’s highest court has made some uncomfortable findings about the country’s Chief Justice, Sakoane Sakoane. Three judges from outside Lesotho, brought in to hear the matter to ensure there could be no allegations of partiality given those involved, found that the Director of Public Prosecutions was not unreasonable in her apprehension of bias on the part of the CJ.

Controversial advocate, Shaun Abrahams, forced from his top prosecution job in South Africa, has been hauled over the coals by Lesotho’s Chief Justice Sakoane Sakoane for his behaviour in a bitterly contested trial, and has been barred from further participation in the matter. Since he was dropped as the national prosecuting boss in SA, Abrahams has also had a not very successful stint prosecuting in Botswana. He was brought in to help the prosecuting authorities in Lesotho with a series of high-profile, politically sensitive murder and treason cases.