By 
Magistrate Sylvia Munyinya has declined to recuse herself from presiding over the case involving Christian Democratic Party leader, Dan Pule, who faces charges of seditious practices.
In his application, Pule, represented by State Counsels Sakwiba Sikota and Chifumu Banda, expressed concerns about receiving a fair trial due to Magistrate Munyinya’s ties to Southern Province, which was central to the case.
They argued that her connection to the region might affect her impartiality given the case’s sensitivity.
In her ruling on Friday, Magistrate Munyinya stated that judicial officers interpret and apply the law impartially, regardless of their tribal affiliations.
She stated that judicial officers are bound by oath to ensure fairness in their decisions.
Munyinya asserted that mere allegations of bias without substantial evidence are insufficient.
She emphasized that suspicions or apprehensions alone do not establish partiality.
The Magistrate questioned Pule’s confidence in his lawyers, who also hail from the “Zambezi region,” while challenging her impartiality.
“If the applicant’s misgivings are based on the fact that I am likely to be biased because of my tribe and where I hail from in connection to the same region, it leaves me to ponder how and why the applicant elected to have confidence in the lawyers from the ‘Zambezi region’ and not to have confidence in the court coming from the same region.
This showed that the discomfort was on the court personally and not the court’s region,” she remarked.
Consequently, she ruled that the application lacked merit.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments