CAPE TOWN – Old Mutual has applied for Judge Brian Mashile’s recusal as the presiding judge in the upcoming contempt of court hearing between the insurer and its former chief executive, Peter Moyo, the insurer’s board said yesterday.
The hearing is due to be heard early next month.
Old Mutual first fired Moyo in June due to a breakdown in trust and alleged conflict of interest. When Moyo sued for unfair dismissal, the court ruled in his favour. However, Old Mutual has said it does not want him back.
“The decision to proceed with the recusal application was a difficult one. The directors emphatically state that they mean no disrespect to Judge Mashile,” Old Mutual said.
“By making Judge Mashile the subject of the contempt proceedings, Moyo’s team have created a situation where the judge would have to decide on claims, which now directly involve him personally,” Old Mutual’s board said.