The Industrial Relations Court judge Peter Kandulu has recused itself from hearing a case involving Alexious Kamangila after the presiding officer disclosed a personal relationship with the applicant.
The case, IRC Cause No. 15 of 2005, was scheduled for trial on August 26, 2026, but the court first addressed concerns about its own constitution and impartiality.
Kandulu disclosed that he regards Kamangila as a distant relative and that the two had previously lived together while pursuing postgraduate studies in Ireland.
According to the court, Kandulu had personally invited Kamangila to reside with him during that period.
“Consequently, the Applicant is a person known to the Presiding Officer in a personal and familiar capacity,” the court said.
Kamangila’s lawyers, Ritz Attorneys Chambers, subsequently made a formal application for the judge’s recusal on August 16, 2026.
The court said judicial impartiality required the matter to be addressed to ensure that the integrity of the proceedings was protected.
“The fundamental requirement of judicial impartiality places an absolute duty upon the Court to proactively address such matters and ensure that the integrity of the proceedings remains uncompromised,” the ruling states.
“Actual bias need not be established,” the court added, stressing that justice must not only be done but must also be seen to be done.
Kandulu said he remained personally confident that he could hear and determine the employment dispute objectively based on the evidence and applicable labour law.
However, he acknowledged that his personal confidence was not the controlling consideration.
“The personal and historic living arrangements between the Presiding Officer and the Applicant, Mr. Alexious Kamangila, are of such a nature that an objective, fair-minded, and informed observer could reasonably entertain apprehension or doubt regarding the Court’s detachment,” the ruling states.
The court concluded that stepping aside was the appropriate course of action.
“Where such a reasonable apprehension exists, the only proper and honorable course of action is for the Presiding Officer to step aside voluntarily,” Kandulu said.
The judge consequently recused himself from presiding over, hearing or further adjudicating the case.
The court file has been ordered to be sent to the Registrar of the Industrial Relations Court Principal Registry in Blantyre for reassignment to another judicial officer.
