DRUGS CASE: JUDGE RECUSES HIMSELF FOR HIS, FAMILY’S SAFETY

MBABANE – Judge Muzikayise Motsa says his safety is threatened due to presiding over the medical drugs case.

In this case, Principal Procurement Officer in the Ministry of Health Sincedile Magwaza and Deputy Director-Pharmaceutical Services Fortunate Bhembe, filed an urgent application in the Industrial Court to stop the forensic investigation against them. The investigation concerns irregularities relating to the procurement, in particular the acquisition and distribution of medicine to public health institutions. The investigation has been stopped for now, pending the outcome of the matter before court. Government filed an application for the judge to recuse himself from the matter. The Industrial Court judge, Motsa, yesterday said since last week, after an article was published following government’s recusal application, his objectivity and impartiality was impaired immensely. He said that was why he decided to recuse himself from the matter, for justice to prevail.  According to Judge Motsa, his personal safety and security, and that of his children and family, ‘who I endear so much, is now at stake and threatened’ because he presides over this matter.

Interest

The judge stated that he had taken note and appreciated that this matter was of national interest. Judge Motsa stated that since the main application was launched in June 2023, the court had observed a growing tendency adopted by the parties, probably with the assistance of their attorneys, to litigate through the media. He said they read in the media what the parties intended to do and later on they would receive pleadings, which they were already expecting as they would have read about it in the media. He said government’s recusal application was no exception. “It was published in the media and that’s how we learnt that the application is in existence,” said the judge. Judge Motsa also said, without any doubt, any party was entitled to an application for recusal of any judicial officer, in the event they had reasonable apprehension about him or her handling a matter. Recusal applications, according to the judge, must at all times, as a matter of good practice and of law, be founded on accurate basis, and not be calculated to impugn the integrity of a judicial officer.

Misleading

“The responsible counsel, must at all times do his foundational task  and assert facts, as opposed to spicing allegations with misleading narratives to simply impugn the integrity of the judicial officer and of the court and simultaneously give a misleading impression to the public,” the judge said. He said in this matter, there were common cause facts, which had been purposely twisted to support a certain narrative insinuating that the court granted orders which ought not to have been granted in the first place. This, according to the court, was ludicrous. Judge Motsa pointed out that the court had, in this matter, issued one judgment, which pertained to a Rule 30 judgment. He said the rest of the orders, which were between three and four, were agreed to by the parties by consent and the court only endorsed them. Judge Motsa further mentioned that members of the general public would think that he was corrupt and not know the actual truth of the matter. “The pervasive misinterpretation of the true facts in this matter is calculated to distort the version of events and create a miscued public impression about the judicial officer and at the same time impugning the integrity of the judge.

Regrettable

“This is not only regrettable but also disingenuous. I’m not married to this matter. I’m only executing my judicial function by presiding over it. I’m least worried about the purposive and pervasive misinterpretation of the facts because I know the true position in this matter,” said Judge Motsa. The file was referred to the registrar for allocation to another judge. In this matter, Zweli Jele represents Bhembe and Magwaza, while Principal Crown Counsel Vikinduku Manana appears for government.

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