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In 1998, the Constitutional Court faced a challenges to its integrity, from businessman Louis Luyt. Now it is facing a similar challenger from former president Jacob Zuma. The two cases underscore the delicate balance between judicial impartiality and the perception of bias in the nation's highest court, writes Serjeant at the Bar.
Some 25 years ago, businessman and politician Louis Luyt brought an application for the recusal of 10 members of the Constitutional Court from sitting on an appeal on a judgment of the then Transvaal High Court, which had reviewed and set aside the decision of the President to appoint a commission of inquiry into certain financial and administrative aspects of the South African Rugby Football Union (SARFU).
When the matter reached the Constitutional Court, Mr Luyt made specific averments only against the President and Deputy President of the court and three other members, Johan Kriegler, Albie Sachs and Zak Yacoob.
