CCT70/10

[2011] ZACC 20

2011 (10) BCLR 1058 (CC)

Khampepe J

15 February 2011

9 June 2011

http://hdl.handle.net/20.500.12144/3625

Application for an order to set aside a judgment of the North Gauteng High Court, Pretoria on the basis that it was tainted by bias or a reasonable apprehension of bias: Stainbank v South African Apartheid Museum at Freedom Park and Another, North Gauteng High Court, Pretoria, Case No 5752/09, 28 May 2009, unreported. See also judgment in the application for leave to appeal: Stainbank v South African Apartheid Museum at Freedom Park and Another, North Gauteng High Court, Pretoria, Case No 5752/09, 3 March 2010, unreported

Application for leave to appeal to have a judgment and order of the North Gauteng High Court set aside on the basis of bias, or a reasonable apprehension of bias in violation of the right to a fair hearing in terms of section 34 of the Constitution. The Court held that the case came close to satisfying the reasonable apprehension of bias test but, considering all the factors, it fell short of dislodging the presumption of impartiality. The Court also considered the surety costs order imposed by the High Court, which ordered that the applicant's attorney pay the respondent's costs out of his own pocket, should the applicant fail to satisfy the costs order. The Court found that the costs order was not justified and set it aside - the applicant was instead ordered to pay the costs unconditionally himself. The appeal succeeded to this limited extent. Judgment: Khampepe J (unanimous)