Sizani v Mpofu and Another (642/2017)
Sizani v Mpofu and Another (642/2017) [2017] ZAECGHC 127 (12 December 2017)
The court found that none of the applicant's allegations, whether considered individually or collectively, established actual or apprehended bias on the part of the first respondent. The presumption of impartiality was not rebutted, and the applicant's perceptions were either based on incorrect facts, speculative reasoning, or procedural disagreements that do not amount to bias. The first respondent's conduct in relation to evidentiary rulings, including the admissibility of Exhibit W and the timing of trial-within-a-trial, was consistent with judicial precedent and did not demonstrate bias.…
Source excerpt
- Recusal Of Judicial Officer
- Apprehended Bias
- Fair Trial Rights
- Admissibility Of Evidence
- Section 174 Discharge
- Prosecution By Ambush