Brown challenges judge's appointment

2012-08-17 11:19

Cape Town - Former Fidentia boss J Arthur Brown will challenge a Western Cape High Court decision on the basis that the appointment of the presiding judge was "invalid", it was reported on Friday.

The Cape Times reported that Brown approached the court in September 2011 with a "stay of prosecution" application, but that this was dismissed by Judge Robert Henney.

He recently lodged an application for leave to appeal Henney's judgment in the Supreme Court of Appeal (SCA), based on a legal struggle between the Cape Bar Council and the Judicial Service Commission.

The High Court found that the commission's sitting on April 12 last year, in which it interviewed candidates for the Western Cape bench including Henney, was invalid.

This was because neither SCA Judge Lex Mpati, nor his deputy, were present for the sitting.

According to the report, the commission took the matter on appeal and it was argued in the SCA on Thursday.

Brown faces nine criminal charges of fraud, theft, corruption and money laundering, related to Fidentia and six affected companies.

Henney is presiding over the high-profile trial of Xolile Mngeni, the man accused of murdering honeymooner Anni Dewani.