recusal

Recusals in Swaziland and Lesotho: cause for concern?

SEVERAL cases in Swaziland have come to a halt over the last weeks because judges have recused themselves. Their decisions raise the questions whether they were correct to do so in the circumstances, and how litigation can proceed when judicial officers decline to hear a matter.

Without a written judgment on recusal decisions it is not easy to know whether the thinking measures up to constitutional standards, but in at least one case, the judges concerned are to be formally asked for reasons in writing.

Swaziland: Chief justice in stand-off with senior lawyer

This is one of the most bizarre matters I have ever come across. First, it involves a decision by the chief justice of Swaziland effectively banning a lawyer from litigating in that country’s courts. And then, in response, the lawyer concerned has asked the minister of justice to convene an ad hoc committee to investigate whether the chief justice is guilty of serious misbehavior.

Kenya: Judicial Service Commission demands recusal of Supreme Court justices

THIS is the latest episode in a long-running dispute between Gladys Shollei and Kenya’s Judicial Service Commission. However, what might have started as a straightforward appeal became something quite different with an application by the JSC that virtually all the supreme court judges recuse themselves from considering the matter.

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