“Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly and to decide impartially”. This is an application for my recusal. Every recusal application seeks to challenge this statement as it aims to demonstrate that as a matter of fact, there exists a perception that the judge under scrutiny will not be impartial in the matter before him.
In approaching this application, I bear in mind what was stated in Moch v Nedtravel (Pty) Ltd t/a American Express, namely that "a judicial officer should not be unduly sensitive and ought not to regard an application for his recusal as a personal affront."
This is an interlocutory application in the main criminal trial in which the applicants are part of the accused facing several criminal charges in respect of which they all pleaded not guilty. The present applicants seek an order, among others, that I recuse myself from presiding in the main matter.
Quoted, among many places, in Lazarus, In Memory of Charles O’Neill, 219 La, xxxix (1951); Yankwich, The Art of Being a Judge, 105 U. Pa L. Rev 374, 385 (1957).
1996 (3) SA 1 (A) at 13H
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU
In the matter between:
MOTSAMAI FAKO 1st APPLICANT
MOTSOANE MACHAI 2nd APPLICANT