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The following order was made: The preparation and delivery of reasons for this decision would further delay the hearing of the appeal which has already been delayed by the time taken in dealing with the application. We will accordingly give reasons for our decision later.
Our decision on the application, which is a unanimous decision of all the justices of this Court, is as follows: The application for the recusal of the four members of this Court is a constitutional matter within the meaning of section of the Constitution, and this Court accordingly has jurisdiction to decide the application.
The applicant has failed to establish that, objectively regarded, there are grounds for any of the four judges to recuse themselves. Each of the four judges concerned agrees with this conclusion in so far as it applies to himself and declines to recuse himself.
The application for recusal is accordingly dismissed. The wasted costs occasioned by the application for recusal are reserved.
He also set aside a proclamation which had been made by the President under the Commissions Act. We shall henceforth refer to the applicants in the High Court as the respondents and to the respondents in the High Court as the appellants. They did so after the order had been made but prior to the furnishing of reasons.
However, before that application was heard, they lodged a notice of appeal in this Court and simultaneously applied for an order condoning the late filing thereof. SARFU and the other applicants opposed the application for condonation contending that any appeal against the orders made by De Villiers J should be heard by the Supreme Court of Appeal and not by this Court.
The application for condonation was granted in terms of an order made by this Court on 2 December The reasons for that order appear from the judgment of Chaskalson P. In addition to various averments which he made concerning all the members of this Court and on which this apprehension was said to be based, the fourth respondent went on to make specific averments pertaining to the President and Deputy President of the Court, and three of its other members, Kriegler J, Sachs J and Yacoob J.
The details of the allegations made against all the members of this Court will be referred to later. It is sufficient for the moment to say that the fourth respondent apprehended improper motives on the part of all the members of this Court. If that apprehension were reasonable, all its members would have been under a duty to recuse themselves, despite the fact that no formal application for such relief was made.
On the fourth respondent's own showing, the circumstances on which his suspicion that the Court was biased against him had existed and been known to him for more than three months before the application was launched.
As will appear from what is said later, the averments made against the five judges whose recusal was specifically sought, were based on information which in almost all material respects was either known to the fourth respondent, or was a matter of public record and must have been known to him or his legal advisors for some time prior to the launching of the application.
The appeal was due to commence on Tuesday 4 May and nine court days had been reserved for the hearing. The appeal record consisted of more than pages, and close to a thousand pages of written argument had been lodged with the Court.
All the judges had been engaged in preparing for the appeal during the Court recess. The same no doubt applied to the three counsel and the attorneys representing the appellants.
Its quorum is eight of its members.
The appellants had an appeal to this Court as of right. Having elected to exercise that right, no other court had jurisdiction to hear the appeal. Having regard to the importance of this letter it is as well to set out its terms in full.
We address this letter to you on the instructions of Dr Luyt, being the Fourth Respondent in the aforesaid matter. Our client has consulted us as a result of a strong perception which he entertains that he might not receive a fair hearing in the above matter, a view which appears to be shared publicly.
The matter has always been political, but since the order that the President appear personally to be examined and cross-examined and since the Court a quo has made the adverse credibility findings relating to the President, the matter has increasingly become a political issue.
The two main opposing litigants are the respective leaders of opposing political parties. The position is further complicated by the fact that the President and individual members of this Honourable Court have all been appointed by President Mandela himself.
Under the circumstances our client is concerned that he might not get a fair hearing and in particular is concerned that some of the members of the Court might not be able objectively and impartially to adjudicate on the credibility of the President and relevant issues.
Our client does not know whether the information and allegations referred to above are correct or not, and our client and ourselves are very conscious of the fact that information received, allegations made and rumours are often not true and often over-stated or distorted.Spanish Artist.
Raquel Alvarez Sardina was born in Barcelona in At seventeen she joined Academia Leonardo da Vinci and in she started a degree in Fine Art. View Thami Mfundisi’s profile on LinkedIn, the world's largest professional community.
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In favor is Thami, one of Mr. M's favorite and most promising students. In opposition is Isabel, a white student visiting from an all-girls school.
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