The High Court (Constitutional Division) has dismissed Justice ‘Maseforo Mahase’s application to have three judges recused from hearing her case challenging her suspension and the appointment of a tribunal in connection with the matter.
It ordered her to pay costs on the punitive attorney-and-client scale.
In a written judgement issued on October 13, 2026, Justices Boissie Henry Mbha, Ivy Chatha and Latifa Mansoor said Justice Mahase’s decision to cite the judges in their personal capacities as respondents was procedurally defective and an abuse of court process.
The court said judges are not parties to litigation in their personal capacities merely because a litigant seeks their recusal. It found that naming them personally amounted to misjoinder and risked undermining judicial independence by attempting to create a conflict of interest.
The court also ordered Mahase to pay the costs of a postponement on May 29, 2026, on the ordinary scale, after the recusal issue led to the postponement.
