CCT59/10

[2010] ZACC 14

2011 (1) SA 267 (CC)

2010 (11) BCLR 1134 (CC)

The Court

2 September 2010

http://hdl.handle.net/20.500.12144/3619

Appeal against the refusal by a High Court judge to recuse himself from any further proceedings pertaining to the parties. Application for leave to appeal to the CC against an order of the Full Court of the North Gauteng High Court, Pretoria: Stuttafords Stores (Pty) Ltd and Others v Salt of the Earth Creations (Pty) Ltd and Others, North Gauteng High Court, Pretoria, Case No A363/08, unreported

Appeal against an order of a Judge refusing to recuse himself following handdown of the main judgment, which the applicant argued exhibited little or no sign of any original or independent application and reasoning, that it essentially copied the written heads of argument of the respondent's counsel and, consequently, created a perception of bias in favour of the respondent. The matter was dismissed on the basis that it was not in the interest of justice to hear the matter as the Judge had subsequently retired and there was no possibility of him hearing any future matters between the parties. The Court emphasized that this should not be seen as an endorsement of the main judgment. Judgment of the Court.