Mashile has ruled twice against Old Mutual. In July, he granted an interim order for Moyo’s reinstatement, and in August he dismissed Old Mutual's application for a declaratory order seeking to prevent Moyo from returning to work.
Moyo, who was axed in June, filed a contempt-of-court application against the Old Mutual board, which is chaired by Trevor Manuel, after it refused to reinstate him and for the company's decision to issue a second notice of termination in August. Moyo in October filed a replying affidavit introducing a new ground of contempt, claiming that the insurer and its directors had embarked on a campaign of insulting Mashile personally.
The affidavit was filed after Manuel called Mashile a “single individual who happens to wear a robe” during a press conference in September, although he later retracted the statement.
In response, Old Mutual applied for Mashile’s recusal as the presiding judge in the contempt-of-court hearing, which is yet to be heard.
Old Mutual said on Friday that Moyo’s legal team had introduced allegations that Old Mutual was scandalising the court, putting Mashile in an untenable position.