Justice Mandala Mambulasa has rescued himself in a case in which the High Court sitting as a Constitution Court in Blantyre is hearing the legality of same-sex laws.
Mambulasa’s recusal followed an application that lawyer Victor Jere, who is representing the Director of Public Prosecutions, made in the morning.
In the application, Jere said Mambulasa has previously written some publications on his stand on same-sex issues when he was a Human Rights Lawyer.
The case has since been adjourned to May 23, 2023.
In the matter, two cases are involved where the first claimant, a Dutch, Wim Akster is being accused of sexually abusing nine children at his orphanage Timotheos Foundation in Blantyre.
The second case is about a transgender individual from Mangochi, Jana Gonani.
The court is expected to rule whether to criminalise or decriminalise those involved in same-sex activities.
The case was being presided over by Justice Joseph Chigona as Chairperson, Justice Vikochi Chima and Justice Mandala Mambulasa before he recused himself.