By GRACE CHAILE LESOETSA
LUSAKA High Court Judge Mwape Bowa has recused himself from presiding over the matter in which former Health Minister Chitalu Chilufya sued the Anti-Corruption Commission (ACC) demanding US$50 million damages for malicious prosecution because the second defendant, Ms Rosemary Khuzwayo is an acquaintance.
The former minister cited ACC and Ms Khuzwayo, the former acting director-general, as first and second defendants in the matter.
In a memorandum dated December 10, 2021, addressed to the Judge-in-Charge, Mr Justice Bowa requested that the matter be re-allocated to another judge.
“I wish to declare interest in this matter. I am personally acquainted to the second defendant. I have made my position known to the parties and they have accepted by recusal. You may wish to re-allocate the matter to another Judge accordingly,” read the memorandum.
In this matter, Dr Chilufya in his claim filed in the Lusaka High Court, wants ACC to pay him damages for malicious prosecution as well as exemplary and aggravated damages to be assessed.
He stated that the US$50m is for damages to his reputation following malicious publications attributed to ACC, for intimidation, libel and defamation to be assessed.
This is in relation to his arrest and prosecution last year while serving as Cabinet Minister. The investigative wing charged him with different offences, which included, being in possession of property suspected to be proceeds of crime and corrupt practices.
He was tried in the Lusaka Magistrate’s Court and was acquitted after ACC failed to provide evidence linking him to the offences.
Judge Bowa recuses himself from Chilufya case
