Defence challenges judge in R102m Bushiri-linked trial but recusal bid dismissed

The defence in the R102 million fraud and money-laundering trial linked to Shepherd Bushiri’s church network has failed in a bid to remove Gauteng High Court Judge Mudunwazi Samuel Makamu, but lawyers for the accused say the challenge was necessary to protect the integrity of the proceedings.

What the application sought

The recusal application was brought on behalf of Zambian businessman Willah Joseph Mudolo, his wife Zethu, and four other co-accused. They face charges of fraud, racketeering and money laundering arising from an investment scheme linked to the church network and have pleaded not guilty.

Grounds for alleging bias

At the centre of the defence argument was Judge Makamu’s handling of evidence, specifically his decision to admit an affidavit from a Companies and Intellectual Property Commission (CIPC) data manager. The defence said that decision provided a basis to question whether the accused could receive a fair hearing.

The defence also pointed to a prior pattern of successful procedural challenges in the matter: lawyers had previously succeeded in having two other judges removed from the case.

The legal test cited

The defence relied on established law that does not require proof of actual bias. As noted in a judgment earlier this year:

“an applicant only needs to establish a reasonable apprehension or suspicion of bias.”

Context: separate judicial-conduct process

The recusal bid unfolded against the backdrop of a separate process involving Judge Makamu. In May, the Judicial Conduct Committee recommended that a 2025 complaint against him be investigated by a Judicial Conduct Tribunal. The committee’s recommendation does not amount to a finding that the allegations were proved, but the defence cited the process as part of the context for its application.

State response and outcome

The State opposed the recusal application, arguing the defence had not met the legal threshold and accusing the defence of using such challenges to delay a case that has experienced significant procedural hold-ups. Gauteng High Court Judge Makamu dismissed the application and will remain the presiding judge.

What happens next

With the recusal application dismissed, the immediate question of judicial oversight in this trial is settled and the State says it is ready to proceed. The substantive criminal charges against Mudolo and his co-accused remain to be determined.