Civil Procedure
Recusal
Recusal is the disqualification or withdrawal of a judge or official from a matter in which they have a conflict of interest or appearance of bias.
Legal Definition
A judicial officer must recuse themselves if there is a reasonable apprehension of bias — a conflict of interest, personal involvement, or prior relationship with a party that a reasonable person might see as compromising impartiality. Parties can also apply for recusal.
📖 Constitutional / Statutory Basis: Section 34 (right to an impartial forum), Constitution of the Republic of South Africa, 1996
Practical Example
A judge's former client appears before them as a litigant. The judge discloses this, and after considering objections, recuses themselves. The matter is allocated to another judge.
Frequently Asked Questions
How do I apply for a judge's recusal?
Raise the issue at the start of proceedings by application. The judge then considers the application — often with written submissions. If refused, the refusal is reviewable.
What is the test for recusal?
Reasonable apprehension of bias — would a reasonable observer, knowing all the facts, believe there is a real danger the judicial officer may not bring an impartial mind?
Does recusal apply to administrative officials?
Yes. Administrative law requires impartiality. An official with a conflict of interest must recuse themselves from decision-making under PAJA.
Related Terms
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