[30] Previously occupying that position of an entity which is not before this court or having a direct or substantial interest in the interlocutory or review application, would also not in my view give rise to a apprehension of bias on the part of the applicant reasonably held. Case No A 311/2012 [31] There is reference to the fact that I had recused myself in another matter involving a certain Terence Noble where Standard Bank was a party and my recusal was sought. It is not explained how the mere fact of my recusal in another matter which is not stated as having any bearing upon this matter can give rise to a reasonable apprehension of bias being reasonable or being reasonably held. Legal Assistance Trust [32] The applicant further contends in his founding affidavit that he would obtain a ‘not fair before Smuts, J as a result of publicly known serious allegations of inter alia money laundering and tax evasion against you (Smuts, J).’ These allegations are not specified in his affidavit. Nor is their relevance to the review application anywhere explained. [33] They would appear to refer to the allegations made in the memorandum filed in the interlocutory application, placed in the court file where the following is stated by Ms Erica Beukes, in the memorandum: Beukes investigated Smuts, the Legal Assistance Trust, and the Legal Assistance ‘Erica Centre and found that he was running a massive money laundering scam and tax evasion through the LAT and LAC.’ [34] That organisation contends that the Legal Assistance Trust (LAT) which operates and funds the Legal Assistance Centre (LAC) was illegal because the trust was not registered when it was constituted in 1988. It is correct that I was the founder of the LAT and founding director of the LAC and that the former raised funds for the latter. The organisation asserts that, as a consequence of the alleged illegalities surrounding the
[30] Previously occupying that position of an entity which is not before this court or having a direct or substantial interest in the interlocutory or review application, would also not in my view give rise to a apprehension of bias on the part of the applicant reasonably held. Case No A 311/2012 [31] There is reference to the fact that I had recused myself in another matter involving a certain Terence Noble where Standard Bank was a party and my recusal was sought. It is not explained how the mere fact of my recusal in another matter which is not stated as having any bearing upon this matter can give rise to a reasonable apprehension of bias being reasonable or being reasonably held. Legal Assistance Trust [32] The applicant further contends in his founding affidavit that he would ‘not obtain a fair before Smuts, J as a result of publicly known serious allegations of inter alia money laundering and tax evasion against you (Smuts, J).’ These allegations are not specified in his affidavit. Nor is their relevance to the review application anywhere explained. [33] They would appear to refer to the allegations made in the memorandum filed in the interlocutory application, placed in the court file where the following is stated by Ms Erica Beukes, in the memorandum: ‘Erica Beukes investigated Smuts, the Legal Assistance Trust, and the Legal Assistance Centre and found that he was running a massive money laundering scam and tax evasion through the LAT and LAC.’ [34] That organisation contends that the Legal Assistance Trust (LAT) which operates and funds the Legal Assistance Centre (LAC) was illegal because the trust was not registered when it was constituted in 1988. It is correct that I was the founder of the LAT and founding director of the LAC and that the former raised funds for the latter. The organisation asserts that, as a consequence of the alleged illegalities surrounding the
Januarie%20v%20Registrar%20of%20High%20Court%20and%20others%20(I%20396-2009)%20[2013]%20NAHCMD%20170%20(19%20June%202013).docx