Thursday, 07 October 2010 21:16
ILSE DE LANGE
JOHANNESBURG - AgriSA’s test case against the minerals and energy department for compensation over the alleged expropriation of mineral rights yesterday hit a snag when the presiding judge recused himself.
Judge Hans Fabricius, who was referred to the court bundle on Wednesday for the first time, realised that a particular letter looked familiar.
He said he remembered giving a written opinion years ago about another senior counsel’s opinion on aspects of the Minerals Act. “I have no recollection of what my view had been and why... Nevertheless, it is very important for the sake of justice that there should be no reasonable impression on anyone’s side that I cannot bring an objective view to the present issue at hand.
“I believe I can act totally impartially and objective, but this is not the test. For the sake of absolute transparency, I have decided to recuse myself from these proceedings.”
He said he had discussed the matter and arrangements would be made to ensure the speedy continuation of proceedings. AgriSA says the mineral rights of farmers were expropriated by the government when the Mineral Petrolium Resources Development Act came into effect in May 2004.
The Citizen
Comments by Sonny
This Judge should to made to pay for the blunder!
What happened to our NEW DEMOCRACY??
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