Kambwili insists magistrate must recuse himself
CHISHIMBA Kambwili has applied for permission to commence judicial review proceedings against magistrate David Simusamba’s refusal to recuse himself from presiding over a case where he is charged with forgery and other charges.
The NDC leader filed the application in the Lusaka High Court.
Mr Kambwili stated that it has been difficult for his lawyers to perform their duties effectively as the court room is always poisoned with outbursts of anger and threats from the presiding magistrate towards him and his lawyers.
He now wants a declaration that the decision of the presiding magistrate to refuse to recuse himself from presiding over the case, is unlawful and irrational.
Mr Kambwili is also seeking an order prohibiting Mr Simusamba from continuing to preside on his case.
He is seeking an order for the magistrate to surrender the case record to the chief resident magistrate for re- allocation.
He wants if leave is granted, a direction that such grant should operate as a stay of Mr Simusamba’s decisions and the proceedings until determination of the application or until the court orders otherwise.
In his affidavit verifying facts, Mr Kambwili stated that he was facing criminal charges in the Lusaka Magistrate Court for the alleged forgery, uttering false document and giving false information to a public officer.
He stated that the matter was being presided over by Mr Simusamba .
Mr Kambwili stated that on March 20, this year, he made an application asking the presiding magistrate to recuse himself by way of notice of motion and its accompanying Affidavit in support.
He stated that his application was premised on the facts that on December 17, last year, he wrote to the Chief Justice complaining of the manner in which Mr Simusamba was handling the matter.
He complained of his attitude towards him and his lawyers and attempts by the magistrate to extort money from him in exchange for an acquittal.
He stated that before responding to him, the Chief Justice asked the presiding magistrate to tell his side of the story.