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South Africa decisions
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Nthai v S (SS33/2022) [2025] ZAGPJHC 151 (14 February 2025)
The High Court judge recused himself after finding a close relationship with a material witness created a reasonable apprehension of bias in a criminal trial.
S v Mudolo and Another (Recusal) (CC7/2023) [2024] ZAGPPHC 1159 (8 November 2024)
The High Court refused leave to appeal against its recusal ruling in a criminal trial, finding no reasonable prospect of success or evidence of bias.
Van Den Berg v Land and Agricultural Development Bank of South Africa and Others (1955/2016) [2024] ZAFSHC 368 (8 November 2024)
The High Court recused the presiding judge in a recusal application, finding that prior remarks could create a reasonable perception of bias.
Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others (1203/2021; 1334/2021; 261/2022) [2024] ZASCA 149; [2025] 1 All SA 1 (SCA); 2025 (3) SA 183 (SCA) (4 November 2024)
The Supreme Court of Appeal held that the Land Claims Court was correct to separate and decide the 'community issue' under rule 57(1)(c), as it was a discrete legal question capable of separate determination. The evidence established that the Mavundulu Community did not exist as a community as defined in the Restitution Act at the time of dispossession; their occupation and use of the land after 1913 was as labour tenants and farm workers, not under shared rules of a community. The lay and expert evidence failed to prove the existence of a cohesive group with rights derived from common rules.…
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Singh v Body Corporate of St Tropez (386/2023) [2024] ZASCA 142 (21 October 2024)
The Supreme Court of Appeal set aside a provisional sequestration order after finding the presiding judge should have recused herself for apparent conflict of interest.
Mazibo v Mahlangu and Others (038392/2023) [2024] ZAGPJHC 975 (30 September 2024)
The High Court dismissed a recusal application and leave to appeal after finding allegations of bias against the judge were unfounded and the plea attacks irrelevant.
Moatshe v S (CA36/2021) [2024] ZANWHC 226 (6 September 2024)
The appeal court found no material misdirection in the trial court's evaluation of the evidence. The circumstantial evidence, including the donkey cart tracks, the recovery of the stolen fridge, and the hostile witness statement, sufficiently linked the appellant to the offence. The appellant's decision not to testify left the prima facie case against him unrebutted, and the totality of the evidence excluded any reasonable doubt about his guilt. Regarding sentence, the court held that the three-year imprisonment was appropriate, considering the seriousness of the offence, the appellant's prev…
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Harold v Lucy and Others (J222/24) [2024] ZALCJHB 520 (5 June 2024)
The applicant failed to satisfy the legal test for recusal, as he did not provide substantial grounds for a reasonable apprehension of bias. The mere fact that the judge had previously ruled against the applicant does not constitute bias. The Labour Court does not have jurisdiction to determine claims for criminal offences or damages under COIDA. The application was not urgent and was procedurally defective. Accordingly, the recusal application was dismissed and the main application was struck off the roll for lack of jurisdiction.
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AfriForum v Economic Freedom Fighters and Others (1105/2022) [2024] ZASCA 82; [2024] 3 All SA 319 (SCA); 2024 (10) BCLR 1275 (SCA); 2024 (6) SA 1 (SCA) (28 May 2024)
The Supreme Court of Appeal held that the application for recusal of Acting Justice Keightley did not meet the objective test for bias, as her prior remarks did not demonstrate a reasonable apprehension of partiality. The issue estoppel defence was rejected because the interests of justice and equity did not support barring AfriForum's complaint, given the constitutional importance of the issues and the lack of complete identity of parties. On the merits, the Court found that the singing of 'Dubula ibhunu' and 'Shisa lamabhunu' by the respondents, in the context of EFF political events, did n…
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Maritz v S (81/2023) [2024] ZASCA 72; 2024 (2) SACR 412 (SCA) (8 May 2024)
The court held that the appellant failed to establish, on objective facts, a reasonable apprehension of bias on the part of the presiding judge. Each ground advanced—revocation of bail, alleged activism, request for reports, and communication with another judge—was individually scrutinised and found to be without merit. The revocation of bail, even if erroneous, was subject to appeal and did not indicate bias. The judge's association with a judicial organisation and possession of a symbolic item did not establish partiality. The alleged request for a victim impact report was not substantiated…
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