Judge recuses self from Khupe vs Chamisa trial

Mashudu Netsianda, Senior Court Reporter
THE trial involving MDC-T factions led by Mr Nelson Chamisa and Dr Thokozani Khupe who are fighting over the ownership of the party’s name, symbols and logo, failed to kick off on Wednesday at the High Court after the judge recused himself.

The matter was referred back to the Judge president George Chiweshe for reallocation.

Bulawayo High Court judge Justice Martin Makonese, who was supposed to preside over the case, was forced to recuse himself after lawyers representing the Chamisa-led camp raised unfounded allegations against him.

Dr Khupe’s deputy, Mr Obert Gutu said Mr Chamisa’s camp made serious allegations against the judge whom they accused of being aligned to Zanu-PF and most likely to make a biased judgment.

“We had come for the commencement of the trial today (yesterday) but before it kicked off we were advised by our lawyers and lead counsel Professor Lovemore Madhuku that the applicants, who are being represented by Advocate Thabani Mpofu, made serious allegations against Justice Martin Makonese, saying he is a Zanu-PF judge. They alleged that he has Zanu-PF links and that at one time he ran for a political office under the Zanu-PF ticket,” he said.

“All those allegations were spurious, unfounded, malicious and a downright lie and we find it very strange.”

Mr Gutu said the integrity of the judge as an individual and the institution of the judiciary was under attack.

“We instructed our lawyers to object to that attack on the judge because there is need to respect our courts, the judges in this country. Sadly our colleagues on the other side are making serious allegations on the integrity of the Honourable Justice Makonese and obviously to his credit the judge saw it fit to then refer the matter to the judge president who is ultimately responsible for allocating High Court cases,” he said.—@mashnets.