Lusaka High Court Judge in charge Isaac Chali has refused to recuse himself from presiding over an application by civil rights activist Brebner Changala in which he is seeking a court order to compel Cabinet to constitute a medical board to subject President Michael Sata to a physical and mental examination.
Two weeks ago, Judge Chali dismissed the application, but Mr Changala lodged a fresh application, because the matter had been determined without a hearing and in disregard of the application for the matter to be heard by three puisne judges in a divisional court.
But yesterday, Judge Chali insisted that he should yet again be the judge to preside over Mr Changala’s matter and advised Mr Changala to make an application requesting that he (Judge Chali) should consider recusing himself.
Judge Chali said he had not received instructions from the Acting Chief Justice Lombe Chibesakunda to set up a divisional court of not less than three puisne judges which he had not considered in the earlier application.
Meanwhile Mr Changala has lodged a complaint against Judge Chali for verbally abusing him in his ruling in which he sarcastically said the civil rights activist application was misguided or trivial and of administrative error.
The matter has been adjourned to 30th July 2014.