[51] It is also clear that this issue raised by the applicant would not give rise to a reasonable apprehension of bias or one being reasonably held. Conclusion [51] I have in some detail referred to the primary basis for this application for recusal – accepting the answering affidavit in the interlocutory application. Even though they were not raised in argument, I have also referred to the other grounds raised in the founding affidavit. I have found that the none of the grounds advanced, considered on their own or even together, gives rise to a reasonable apprehension of bias on my part in the context of the double requirement of reasonableness set out above. [52] I accordingly dismiss the applicant’s recusal application with costs __________ DF SMUTS Judge APPEARANCE FOR THE APPLICANT: N.L. Januarie In Person FOR THE 1ST RESPONDENT: Mr Boonzaier Instructed by: Government Attorney FOR THE 2ND RESPONDENT: Mr Phatela Instructed by: Dr Kauta & Hoveka Inc.
[51] It is also clear that this issue raised by the applicant would not give rise to a reasonable apprehension of bias or one being reasonably held. Conclusion [51] I have in some detail referred to the primary basis for this application for recusal – accepting the answering affidavit in the interlocutory application. Even though they were not raised in argument, I have also referred to the other grounds raised in the founding affidavit. I have found that the none of the grounds advanced, considered on their own or even together, gives rise to a reasonable apprehension of bias on my part in the context of the double requirement of reasonableness set out above. [52] I accordingly dismiss the applicant’s recusal application with costs __________ DF SMUTS Judge APPEARANCE FOR THE APPLICANT: N.L. Januarie In Person FOR THE 1ST RESPONDENT: Mr Boonzaier Instructed by: Government Attorney FOR THE 2ND RESPONDENT: Mr Phatela Instructed by: Dr Kauta & Hoveka Inc.
Januarie%20v%20Registrar%20of%20High%20Court%20and%20others%20(I%20396-2009)%20[2013]%20NAHCMD%20170%20(19%20June%202013).docx