The Judiciary says Balaka First Grade Magistrate, Philip Chibwana will appear before the Judicial Service Commission over his conduct in a 2021 defilement trial in which he ordered a victim to fondle a suspect who had put up a defence that has erectile-dysfunction.

Spokesperson for the Judiciary, Kondwani Banda has confirmed of the development in an interview with the press.

According to Banda , the commission will make an inquiry before deciding on the fate of the magistrate as required by the law.

He added that currently, High Court Judge, Zione Ntaba has ordered for retrial of the case by reassigning it to another magistrate after the mother to the victim had lodged a complaint.

A legal expert Khumbo Bonzo Soko, has described the act of the magistrate in the case as strange and scandalous.

Magistrate Chibwana refused to comment on the matter.