CCT2/00

[2000] ZACC 10

2000 (3) SA 705 (CC)

2000 (8) BCLR 886 (CC)

Cameron AJ Majority judgment

Mokgoro J dissenting judgment

Sachs J dissenting judgment

18 May 2000

9 June 2000

http://hdl.handle.net/20.500.12144/2106

Application for leave to appeal from a decision in the Labour Appeal Court reported (2000) 21 ILJ 330, the merits of the appeal being argued simultaneously, applications for leave to appeal granted, appeal dismissed.

Appeal from the decision of the Labour Appeal Court not to grant a recusal application. The majority (Cameron AJ) held that a party applying for the recusal of a judge bears the onus of rebutting the presumption of judicial impartiality and must, at the hearing, adduce convincing evidence of a reasonable apprehension of bias. In a dissent, Mokgoro and Sachs JJ found that the test was whether a lay litigant in the position of the parties would reasonably have apprehended bias.