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Johannesburg - Deputy Chief Justice Dikgang Moseneke has denied claims that he should have recused himself from a case that allegedly involved his brother.
On Tuesday, The Star reported how company directors Brian de Lacy and Barry Beadon had laid numerous complaints against Justice Moseneke at the Constitutional Court and the Judicial Service Commission.
De Lacy and Beadon had sued the SA Post Office for awarding a tender through corrupt means. Kumo Consortium, of which Moseneke’s brother, Tiego, was a director, won the tender.
On Tuesday afternoon, Justice Moseneke described the report as inaccurate and misleading.
“The correct facts are that while the tender was initially awarded to Kumo, the Post Office subsequently cancelled the tender. The Post Office chose not to invite fresh tenders, but to develop its own system. Thus, no tender was awarded by the Post Office to Tiego Moseneke or at all, and accordingly there was no conflict of interest,” he said.
Justice Moseneke said his brother Tiego was not a member of the Kumo Consortium at the time that the Post Office awarded the tender or at the time of the litigation. “He therefore did not stand to gain anything from the tender or the adjudication of the dispute related to it. Moreover, Kumo was not a litigant before the Constitutional Court,” Justice Moseneke said. He pointed out that the Constitutional Court judgment had been unanimous and that at no stage had De Lacy taken issue with him sitting in the case or ask him to recuse himself.
“On the contrary, Mr De Lacy sought to persuade the courts that the tender - which had been cancelled - should have been awarded to his company. He contended that the Supreme Court of Appeal had made 114 errors in considering the case. This was the central issue before the Constitutional Court, which dismissed his appeal.”