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The High Court ordered discovery of bank statements and contract documents, holding the application was properly before the court, relevant, and not barred by confidentiality.
The communication is barred by res judicata as the same parties, issues, and relief were previously decided in Communication 275/03 – Article 19 v Eritrea; allegations of bias, breach of confidentiality, and politicisation are unsubstantiated and dismissed.
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The High Court declined to disqualify counsel, finding no confidential information or provable conflict of interest. It only suggested counsel step aside for appearances.
Where an advocate has previously acted for a party in relation to a matter, he should not subsequently act for the opposing party in litigation on the same subject matter, as this undermines the principle of confidentiality and public confidence in the legal profession, regardless of whether actual prejudice or disclosure of confidential information is proven.
Source excerpt
An advocate who has previously acted for a party in a matter should not subsequently act against that party in the same or related matter, regardless of whether confidential information is actually shown to be at risk, in order to preserve the integrity of the advocate/client relationship and public confidence in the legal profession.
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