Mapeto David Whitehead and Sons (DWS) Limited executives have asked Blantyre chief resident magistrate Jean Kayira to recuse herself form the K16.5 billion tax evasion case following her appointment as High Court of Malawi judge.

Lawyers representing the Mapeto top brass, John-Gift Mwakhwawa and Fostino Maele, submitted the plea in court on Monday in Blantyre when it reconvened for a trial after High Court lifted an injunction which the defence obtained stopping the trial pending review.

Mwakhwawa (L) interacts with his
clients after the court session

Mwakhwawa prayed for the court to transfer the tax evasion case to another magistrate because it is a subordinate court matter.

Supporting Mwakhwawa’s submission, Maele argued that if Kayira continued handling the matter, there would be a lot of legal question because the case will be heard by a High Court judge. He said that in such a situation, if one of the parties was not satisfied with Kayira’s decision and needed a High Court review, no High Court judge would review her decision.

However, the State represented by private lawyer Modecai Msisha and Malawi Revenue Authority (MRA) lawyer Anthony Chungu objected to the application. Kayira has since reserved her ruling on the defence’s application to tomorrow.

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