Johannesburg - In a dramatic move seldom seen in court, Judge Andre Louw stepped down from presiding over Patrick Wisani’s murder trial on Wednesday.
Before proceedings started in the High Court in Joburg, prosecutor Faghre Mohamed informed Judge Louw in his chambers of his intention to bring an application for his recusal.
On Monday, Judge Louw made a comment about Wisani’s dead girlfriend Nosipho Mandleleni which Mohamed pointed out had been insensitive to her relatives.
Wisani, who was the ANC Youth League chairman for the Joburg inner city branch, faces charges of sjambokking Mandleleni to death in September last year.
Throughout the trial, Judge Louw struggled to keep track of the facts, often confusing how different witnesses fitted into the picture, their names, and the sequence of events in and around locations.
When he entered the court on Wednesday, a seemingly dejected Judge Louw asked Wisani’s lawyer, advocate Norman Makhubela if he supported Mohamed’s application.
“It would be foolhardy to disassociate myself entirely from this application,” said Makhubela.
Judge Louw said: “I am distressed by the fact that counsel do not believe that I can continue to hear this case properly.”
The judge said he did not agree with them, but it would be a waste of time and money if he continued to hear the case against the will of both the State and defence.
“Both counsel agreed that it would be in the interest of justice not to proceed before me.
“It is regrettable, but the view of both parties, and that is the important aspect of deciding on this application for recusal… I do not do this easily.”
The trial was provisionally set down for September to be heard by a new judge from scratch.
Makhubela said that in light of the recusal and the fact that the trial would be drawn out for longer, he would approach the courts to review the cancellation of Wisani’s bail.
His bail was revoked in June after he allegedly intimidated and assaulted one of the State witnesses, Mandleleni’s twin sister, Siphokazi.
On Wednesday, Wayne Ncube, of Lawyers for Human Rights, pointed out that it was unusual for a judge to recuse himself.
“It is extraordinary to see a judge recuse himself. It’s not something you see very often.
“But in the circumstances, it is the best way forward for justice to prevail... it is important that both parties feel the process went administratively and substantively fairly and that there are no issues when the judgment is finally heard.”
Maurice Smithers, of the Yeoville Bellevue No to Gender Based Violence Coalition, said they were happy with the recusal.
“As civil society organisations that have monitored the case to see that justice is done, we also had some concerns about the process.
“We are happy with any development that will ensure that there is a fair and proper outcome of the trial. We hope that in recusing the judge, the judicial system will ensure that the case gets the serious attention it deserves.”
The Star