CONSTITUTIONAL COURT JUDGEMENT
The Higher Education Transformation Network (HETN), hereby notes the outcome of the appeal with the Constitutional Court (Concourt) regarding its recusal application against North Gauteng High Court Judge Cynthia Pretorius. We note the judgement and are studying the implications of the judgements and accept the outcome with humility.
The appeal application by the Network stems from a recusal application by the Network for the above-mentioned judge to recuse herself from the alleged defamation case of Spies v HETN and Others (Case No: 5786/ 2013) instituted by Mr Willie Spies of Afriforum against the Network in lieu of the unfortunate court judgement on the Network's leave to appeal application and cost order ordered by High Court Judge Cynthia Pretorius on the 17th September 2013 in the North Gauteng High Court in favour of Mr Willie Spies of Afriforum.
We are encouraged by the fact that the highest court in the land considered our arguments and irrespective of the outcome of this case, we remain unfazed and will continue diligently enforcing the educational and constitutional rights of poor underprivileged communities to access the courts so that organs of civil society and poor marginalized communities (which we serve) should not be afraid from participating in legal processes and to raise pertinent issues which are in the interests of a democratic South African society and national importance due to the fear of punitive legal costs and legal executions.
Section 34 of the Constitution of the Republic permits everyone irrespective of their social standing to access the Courts and resolve their dispute in a fair and just manner. Money and punitive legal costs should not be utilized to impede poor communities from accessing the Courts of justice.
We note the outcomes of the appeal judgement and confirm that we will comply with the order.
About the Higher Education Transformation Network (HETN):-
The Higher Education Transformation Network (HETN) is an independent network of alumni and graduates from various higher education and further educational institutions across South Africa committed to the process of transformation of education and training to increase equitable and meaningful access to education, skills and learning to eliminate of socio-economic disparities.
Statement issued by Mr Lucky Thekisho: Chairperson of the Board, November 7 2014
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