Chief Resident Magistrate (CRM) Jean Kayira of Blantyre registry has reserved her ruling to March 30, 2022 on whether to recuse herself or not in a K16.5 billion tax evasion case involving directors of Mapeto David Whitehead and Sons Limited.
On Monday, lawyers for Mapeto counsels Fostino Mayere and Gift Mwakhwawa asked CRM Kayira to recuse herself from the case following her appointment as High Court Judge.
In their arguments, the lawyers said if the newly appointed judge continues hearing the matter which is before the Magistrate’s Court, then this will create many legal questions.
They further argued it will be against the law to see the matter of subordinate court being proceeded by the High Court Judge.
But Director of Public Prosecutions Dr. Steven Kayuni, argued that it is not against the law for the newly appointed judge to continue with the case.
Earlier, the court also dismissed an application by Mapeto David Whitehead and Sons Limited lawyers to move the case to the Constitution Court to determine on whether a move by Malawi Revenue Authority (MRA) to confiscate the company’s computers, with the aim of extracting and recovering the evidence, was in compliance with the applicants’ rights to privacy.