SCA judge requests Afriforum to establish nature of her bias

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The Supreme Court of Appeal’s Acting Judge, Raylene Keightley, has asked Afriforum’s legal representative Senior Counsel Jeremy Gauntlett whether his client does not want her to ever preside over any future Afriforum’s legal matters.

This amid Afriforum’s court application for her recusal from being part of the panel of judges who must rule on the lobby group’s appeal application against Julius Malema and the Economic Freedom Fighter’s use of the chant “Kill the Boer”.

The civil rights organisation’s request follows an alleged statement that Keightley made towards AfriForum in 2018.

During the virtual court proceedings, Keightley stated that after six years, she was trying to establish the nature of her being biased.

She says, “Can I just get a question of clarity, the reasonable apprehension of bias is it that, my conduct and what I said in that case, would demonstrate to the reasonable litigate, in the position of your client?” I am biased against your client, per se and that it would not matter what case they would be bringing to court.”

“I’m really trying to dig down, trying to establish the apprehension of bias created by my conduct and words that I am biased per se against your client, that I regard them so anachronistic and so backward-looking. Even if they were involved in a matter, let’s take something South Africans wouldn’t argue against, about domestic violence of violence towards women, that I would not be able to because of the bias I demonstrated.”

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