Judge accused of breaking High Court rules

Judge accused of breaking High Court rules

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By Lebo Nkatazo

JUDGE President Paddington Garwe may have violated High Court rules by presiding over a divorce case involving a fellow judge, Justice Tedious Karwi.

Legal sources said Monday that the judge, in violation of High Court rules and opposition from the parties involved, presided over both the case’s pre trial conference and the divorce proceedings.

The sources added that lawyers in the matter raised the violation of the court’s rules, which Garwe acknowledged but did not recuse himself in an attempt to save his friend any embarrassment.

The divorce trial was heard in chambers, and not in open court as required.

The parties did not take up the matter fearing that ‘appearing to be at war with the judge president might affect some of their cases at the High Court,’ the sources added.

Sources added that although Garwe heard the matter impartially, it was his open flouting of High Court rules they said might “set a dangerous precedent”.

“According to the High Court rules, a judge who goes through a pre-trial conference cannot go on to preside over the matter. During the pre-trial conference he makes an opinion, and as such when the matter is referred for trial a different judge is assigned,” said a lawyer.

“The judge said he would do both and there were objections. The parties were afraid to take up the matter over the illegal move for fear of getting negative judgments after upsetting the head of the high court,” said a source.

A source said a party in the matter had proposed that a foreign judge or retired one take over the matter. The reasoning was that all the other judges, could not hear the matter as they were at par with Karwi, while Garwe was ineligible after presiding over the pre trial conference.

“That was shot down,” the source added.

Justice Tadius Karwi and his wife Elinah divorced after counter accusations of adultery.
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