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South Africa Judgment

North Gauteng High Court, Pretoria

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

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Professional case brief

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Source document

01

Holding and result

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.

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.

02

Material facts

Parties

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

Applicant Counsel: EA Lourens

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

Respondent

03

Procedural history

  1. Posture

    Recusal Application / Application for Recusal Prior to Leave to Appeal

04

Questions and positions

Legal issues

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

Party arguments

Applicant
The applicant sought the recusal of the presiding judge, alleging circumstances that may give rise to a reasonable apprehension of bias or lack of impartiality. The applicant argued that the interests of justice required the judge to step down to ensure a fair hearing.
Respondent
The respondent opposed the recusal application, contending that no valid grounds for recusal existed and that the applicant's concerns were unfounded. The respondent maintained that the judge had conducted proceedings impartially and that the application was without merit.

05

Court’s reasoning

  1. 01

    President of the Republic of South Africa and Others v South African Rugby Football Union and Others 1999 (4) SA 147 (CC)

    A judge must recuse himself if there exists a reasonable apprehension of bias, assessed objectively from the perspective of a reasonable person.

  2. 02

    S v Basson 2007 (3) SA 582 (CC)

    The mere perception of bias, without substantiated grounds, is insufficient to warrant recusal.

06

Ratio, limits and disposition

Ratio decidendi

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.

Obiter and limits

  • Parties are reminded that requests for reasons for decisions may be made in terms of the rules of court.
  • Recusal applications should not be used as a tactical device to delay proceedings.

Court disposition

Application for recusal dismissed.

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

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2024] ZAGPPHC 1295

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

REPUBLIC

OF SOUTH AFRICA

IN THE HIGH COURT OF

SOUTH AFRICA

GAUTENG DIVISION,

PRETORIA

CASE NUMBER: 2138 / 2021

1) REPORTABLE: YES/NO

2) OF INTEREST TO OTHER JUDGES: YES/NO

3) REVISED: YES/NO

SIGNATURE

DATE: 29 NOVEMBER 2024

In the matter between :

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

Applicant

and

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

Respondent

This Judgment was handed down electronically by circulation to the parties and or parties’ representatives by email and by being uploaded to CaseLines. The date and time for the hand down is deemed to be at 10h00 on 29 November 2024.

JUDGMENT – RECUSAL

M SNYMAN, AJ

[1] Before me is an application for my recusal. The application was heard before the application for leave to appeal.

[2] I find that there is no merit in the recusal application.

Order

[3] The following order is therefore issued:

1. The application for recusal is dismissed;

2. Should any of the parties desire reasons for that decision, it can be requested in terms of the rules of court.

BY ORDER

DATE HEARD: 22 November 2024

DATE OF JUDGMENT: 29 November 2024 Counsel for Applicant: Adv EA Lourens Applicants’ Attorneys: Werner Roos & Immelman Attorneys

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

President of the Republic of South Africa and Others v South African Rugby Football Union and Others 1999 (4) SA 147 (CC)

Case cited

S v Basson 2007 (3) SA 582 (CC)

Case cited

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