AfriForum in court over recusal of “Kill the Boer” appeal case judge

AfriForum’s court case, which seeks the recusal of Acting Judge of Appeal Raylene Keightley, commenced in the Supreme Court of Appeal today. In 2023, AfriForum’s legal team formally requested the Registrar of the Supreme Court of Appeal that Judge Keightley recuse herself from the panel of judges presiding over AfriForum’s appeal application against Julius Malema and the EFF’s chanting of “Kill the Boer”.

AfriForum requested this after it was revealed that Acting Judge Keightley had expressed strong opinions against AfriForum in a 2018 court case. One such comment suggested that the organisation clung to “anachronistic positions”. During that case, Keightley also implied that should she preside over any future case involving AfriForum, the organisation might find it appropriate to seek her recusal.

According to Kallie Kriel, CEO of AfriForum, it is regrettable that AfriForum has had to resort to legal action regarding Judge Keightley’s recusal. The organisation had hoped that Judge Keightley would have recused herself voluntarily as a matter of principle and in the interest of protecting the integrity of the courts.

“Judges whom the public perceive as having clear biases that affect court judgements, erode public confidence in the country’s judicial system. AfriForum will do whatever it takes to ensure that the ‘Kill the Boer’ appeal case proceeds without any judicial bias,” Kriel concludes.

Judgment in this case has been reserved.

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