S.A.V v H.J.V (Recusal) (2138/2021) [2024] ZAGPPHC 1295 (29 November 2024)

The court found that the applicant failed to establish any facts or circumstances that would lead a reasonable, objective and informed person to apprehend that the judge would not bring an impartial mind to bear on the adjudication of the case. The allegations made by the applicant were unsubstantiated and did not meet the legal threshold for recusal. Accordingly, the application for recusal was dismissed as lacking merit.

Citation: [2024] ZAGPPHC 1295
Parties: Applicant: S[...] A[...] V[...]; Respondent: H[...] J[...] V[...]
Court: North Gauteng High Court, Pretoria
Jurisdiction: South Africa
Judgment Date: 29 November 2024
Case Number: 2138/2021
Procedural Posture: Recusal Application / Application for Recusal Prior to Leave to Appeal
Outcome: Application for recusal dismissed.
Judges: M Snyman
Legal Topics: Judicial Recusal, Impartiality of Judge

Civil Procedure Judicial Recusal Impartiality of Judge

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

S[...] A[...] V[...]

Applicant

H[...] J[...] V[...]

Respondent

Procedural Posture

Recusal Application / Application for Recusal Prior to Leave to Appeal

Legal Issues

1 Whether the presiding judge should recuse himself from hearing the matter.

Ratio Decidendi

Court Disposition

Application for recusal dismissed.

Orders

The application for recusal is dismissed.
Any party desiring reasons for the decision may request them in terms of the rules of court.