Communicare NPC v Acting Magistrate Burgins and Others (14664/2022)
Communicare NPC v Acting Magistrate Burgins and Others (14664/2022) [2023] ZAWCHC 117 (24 May 2023)
The court found that the first respondent, Ms Burgins, had published and associated herself with hostile opinions about the applicant on social media prior to presiding over the eviction application. These posts demonstrated a passionate and adverse interest in the applicant's affairs, including allegations of corruption and calls for deregistration. The court held that these circumstances gave rise to a reasonable apprehension of bias, and that Ms Burgins was under an ethical and legal duty to recuse herself. Her failure to do so rendered the proceedings before her a nullity. The court furth…
Source excerpt
- Judicial Bias
- Recusal
- Superior Courts Act Review
- Code Of Judicial Conduct
- Impartiality
- Eviction Proceedings