Malawi: Judge Mtambo Was Right Not to Recuse - Another Legal Opinion

10 September 2015

Judge Michael Mtambo's decision not to recuse himself in Kumwembe's trial is a good decision and well supported by principles of administrative law.

To begin with, the rule against bias states that an Administrative decision maker must not make decisions in circumstances in which it would appear to the reasonable person that there was a likelihood of bias. It is to the reasonable person that the decision maker must be careful not to the accused.

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