Concourt to give judgement on judges

THE Constitutional Court will deliver judgment on Tuesday on an application for direct access to the court concerning an allegation of bias against some judges of the Supreme Court of Appeal.

The applicants in the matter, Brian De Lacy and Barry Beadon, unsuccessfully tendered for the supply of a pension payment system at the SA Post Office.

They instituted action in the High Court in Johannesburg for damages allegedly caused by what they claimed was a fraudulent tender process conducted by the Post Office.

They were partially successful, but the high court granted both parties leave to appeal to the Supreme Court of Appeal (SCA).

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

In June 2009, De Lacy and Beadon filed an application for leave to appeal to the Constitutional Court, 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 Services 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.

On Tuesday, the Constitutional Court (CC) will deliver its judgment on De Lacy and Beadon’s application for direct access to the court.

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

They asked the Constitutional Court to set aside the judgment of the SCA and decide the matter itself or remit it to the SCA for reconsideration.

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