Simphiwe Mbokazi African News Agency (ANA)
Simphiwe Mbokazi African News Agency (ANA)

Judge recuses himself from Old Mutual case

By Dineo Faku Time of article published Dec 6, 2019

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JOHANNESBURG  - The South Gauteng High Court Judge Brian Mashile has today recused himself from hearing the contempt of court application brought by Old Mutual’s axed chief executive, Peter Moyo.

The hearing was heard by Judge President in the Mpumalanga Division of the High Court, Frans Legodi, because Mashile is based in Mpumalanga.

Moyo filed a contempt of court application against the Old Mutual board for its refusal to re-admit him to the office despite Mashile ruling that it should do so.

In October, Moyo introduced a new ground of contempt in its application, in which it claimed that Old Mutual and its directors had embarked on a campaign of personally insulting Mashile. 

Old Mutual said in October that this had created a situation where it was not reasonable for  Mashile to hear the matter. 

Old Mutual and its directors then applied for his recusal as the presiding judge contempt of court hearing whose date yet to be announced.

Old Mutual, South Africa’s oldest insurance company, and Moyo on Thursday finalised their arguments into the appeal of a previous interim order for the fired chief executive’s reinstatement. The case was heard by three judges at the Johannesburg High Court — Elias Matojane, Pieter Meyer and Raylene Keightley.

Judgment was reserved for 2020.

Moyo was fired in June amid a “breakdown of trust and confidence” between himself and the Old Mutual board chaired by Trevor  Manuel.

In July Mashile ruled that the termination of his contract had been unlawful and ordered that he be reinstated. 


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