High court Judge Mandala Mambulasa has recused himself from a three member constitutional court panel that is hearing a case to legalize homosexuality in Malawi

Mambulasa has done so after the state argued at the beginning of the case that Mambulasa before he became a judge published articles in favour of homosexuality

The state through private practice lawyer Victor Jere who joined attorney general Thabo Chakaka Nyirenda said Mambulasa has also presented papers in workshops and spoke in favour of the same

The state feared the case would be predetermined if he was maintained on the panel

The other judges of the panel are Joseph Chigona and Vikochi Chima

But the defense lawyers and friends of the court represented by Chikondi Chijozi have objected the to the application for failing to cite the law and any evidence for the judge’s recusal

Two applicants including Wim Akser a man accused of sodomising 9 boys in Blantyre and a transgender man of Mangochi Jona Gonani arrested for stealing from men by posing as a girl applied to the court on grounds that ant homosexuality law is discriminatory