Acting Chief Justice Dr Godfrey Radijeng has dismissed an application by fellow judge, Gaolapelwe Ketlogetswe, to recuse himself from the matter in which he is suing President Dr Mokgweetsi Masisi, the Judicial Service Commission and Chief Justice Terrence Rannowane.
Radijeng said the applicant has failed to provide evidence of possible bias against him to warrant a recusal, adding that the mere fact that he was appointed on an acting position does not take away his ethical and legal training to render justice without fear or favour and in terms of his Oath of Office.
Ketlogetswe’s lawyers had also argued that there are three cases involving the Chief Justice and that he has appointed a panel for two of them and none for the matter at hand and therefore there was likelihood of impartiality from Dr Radijeng.
They also said his acting appointment came with a financial reward and that it raised a reciprocal debt of gratitude by him to the substantive Chief Justice and that he was beholden to the latter.
“I say this mindful that there is no evidence of record that the appointment to the acting appointment by the Judge in this matter was premised on or is a favour to the Judge, or was financial reward by the 3rd Respondent as Chief Justice. This is premised on the objective assessment of reasonable apprehension of bias which must on the facts be in connection with the litigation in issue,” Radijeng said emphasizing the lack of evidence of his impartiality by the applicant.
He added that many of the issues raised by the applicant were not supported by any evidence whatsoever, but were only assumptions borne out of imagination.
Even more concerning, he said, is the fact that the application for recusal was brought on eleventh hour or from the bar when the parties came prepared for arguments for the main case of interim interdict.
“No prior notice was given to the Respondents and or Court/Judge affected except as disclosed to the Court/Judge a few minutes before the hearing, that the Applicant intended to move an application from the bar for Judge’s recusal”.
He said an application from the bar is similar to an ambush since there is no exchange of documents between the concerned parties prior to the hearing.
The matter was postponed to January 23rd when the main case will resume.
Ketlogetswe’s attorney, Oteng Motlhala, said he was not in a position to reveal the way forward as he was still going to consult his client.
He has engaged the services of Advocate Duma Boko for the case.
