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Speaker 1: Well, let's focus our attention now on the story that's

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Speaker 1: been around for quite a while now. As you may know,

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Speaker 1: a Commission of Inquiry was set up to look into

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Speaker 1: why cases, court cases prosecutions that ought to have flowed

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Speaker 1: from the proceedings of the Truth and Reconciliation Commission. Nothing

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Speaker 1: has ever happened with that or insufficient numbers of prosecutions

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Speaker 1: have taken place. Now that was going to be the

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Speaker 1: commission to look into that is headed by former Constitutional

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Speaker 1: Court Judge Justice Cci Campepe, former President Jacob Zoom and

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Speaker 1: Taborne Becky then went to court asking that she recused

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Speaker 1: herself from the inquiry. The court has ruled, let's find

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Speaker 1: out what the decision is and crucially what the implications are.

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Speaker 1: Demacatz Ole is our ew and colleague who's been watching

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Speaker 1: that closely? Democrats, all, very good afternoon to you. What

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Speaker 1: did the court rule, what did the judge say? And

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Speaker 1: why is it so important? Good afternoon to you.

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Speaker 2: Hi, So two metters here and with regards to this application.

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Speaker 2: Is first was an intelocutory application that the Well Jacobsumer's

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Speaker 2: attorneys brought where they wanted the Commission to be forced

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Speaker 2: to release what they claim was evidence of misconduct and

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Speaker 2: criminal behavior on the part of the judge, and you know,

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Speaker 2: the court has a pronounced and they're saying that there's

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Speaker 2: no there's no competent application with regards to that, and

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Speaker 2: obviously that that has been dismissed. But a huge part

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Speaker 2: of it, and the part that the judges have spent

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Speaker 2: time in this judgment, was Exception forty seven of the

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Speaker 2: Superior Court Act, which you know, they they argued the

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Speaker 2: Jacobszuma's lawyers as well as in these attorneys, that the

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Speaker 2: judge must be penalized for this the what they call

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Speaker 2: a prima faci evidence of her violating the Pracker Act,

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Speaker 2: saying that because she has a refused to recuse herself

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Speaker 2: when there are other peopleople who could perhaps oversee the matter,

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Speaker 2: because they're alleged that she was biased and that she

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Speaker 2: was involved with the d N DPP in the late nineties, therefore,

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Speaker 2: you know, she does not qualify and you know she

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Speaker 2: could be biased when they come to uh give evidence

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Speaker 2: before her, and they wanted her to to pay costs

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Speaker 2: in her personal capacity, uh saying because they alleged that

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Speaker 2: you know, she she conducted she they alleged misconduct on

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Speaker 2: her part. This emanates from an allegation where they say

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Speaker 2: that when the application ascess brought before her to recuse herself,

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Speaker 2: she assisted the evidence leaders at the Commission in their

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Speaker 2: response to the papers in that application, and they say

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Speaker 2: they alleged that that was misconduct and was criminal behavior.

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Speaker 2: But the Court has found that, you know, even if

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Speaker 2: she is a retired judge, she is covered by section

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Speaker 2: forty seven of the the the Superior Court at in fact,

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Speaker 2: they were very scathing saying that to form a president's

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Speaker 2: joined forces in the case of the applicant and are

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Speaker 2: taking a retired judge of the Constitution, uh, you know,

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Speaker 2: to force her to They think that this is an

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Speaker 2: abuse of con process because what must have happened prior

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Speaker 2: to the application being brought before the High Court. They

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Speaker 2: were supposed to seek the approval of the Chief Justice

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Speaker 2: before you charge a judge of any misconduct. You're supposed

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Speaker 2: to get permission from the Chief Justice to say yes,

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Speaker 2: go ahead. And they did not do that and because

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Speaker 2: of that that meant that application was fatal. It was dismissed.

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Speaker 2: The merits of the case were not even considered because

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Speaker 2: they did not follow your process.

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Speaker 1: Thanks so much, very thorough overview of the mass and

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Speaker 1: brought to courts, and the implications of the ruling that

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Speaker 1: investigation the Commission of Inquiry into TRC Prosecutions nothing to

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Speaker 1: stop it going ahead. In earnest that would seem seven

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Speaker 1: or two RIB. It's twenty eight minutes to four