ConCourt rules on bias allegation case

2011-05-24 16:53

kalahari.com

Johannesburg - The Constitutional Court on Tuesday ruled against an application for direct access in a case involving allegations of bias directed at some judges in the Supreme Court of Appeals (SCA).

Brian de Lacy and Barry Beadon had unsuccessfully tendered for the supply of a pension payment system at the SA Post Office.

They alleged that the tender process had been fraudulent and instituted action in the South Gauteng High Court for damages they allege had been caused by this.

They were partially successful, but the court granted both parties leave to appeal to the SCA.

The SCA dismissed the men's appeal and held in favour of the Post Office.

De Lacy and Beadon filed an application for leave to appeal to the Constitutional Court in June 2009, based on an aspect of the element of intention in claims for damages related to State tenders.

This application was dismissed.

However, the two men turned to the Judicial Service Commission (JSC) with a complaint based on the factual findings made by the SCA in its judgment.

The JSC suggested that the men consider approaching the Constitutional Court again.

The two men contended in their submission that the SCA judgment had 114 factual mistakes, which gave rise to a reasonable apprehension of bias.

The Constitutional Court ruled that they had failed to establish the claimed number of errors, or that an error had been made that would have shown bias.

The court found that their previous applications amounted to discontent with the SCA's findings and that they withdrew their allegations of bias two days before the Constitutional Court hearing.

The court ordered that the applicants pay costs on a punitive scale and that the registrar furnish a copy of the judgment to their respective professional bodies in order to consider whether their conduct merited an inquiry.


- SAPA
Read more on:    post office  |  johannesburg  |  judiciary
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

New GIF keyboard on iOS for added fun!

Soon sending an LOL! or facepalm will be so much more fun!

 
 

For chic geeks...

Puppy goes crazy over iPad game
Printable solar panels will bring exciting new opportunities!
Now there’s a special lane for texting while walking
LOL! 7 brutally honest texts from parents

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

There is a tendency to fight against the current today but this will just use up a lot of energy and not get you very far. You...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.