Advocate Darryl Cooke who is representing the state in a case in which some Principal Secretaries (PSs) are challenging termination of their employment, says an application for recusal of the presiding judge Justice Keketso Moahloli in the matter by the Principal Secretaries is an abuse of process.

This he said on Thursday before court when arguing the application for recusal in which the applicants have formed a presumption of lack of impartiality on the part of the judge.

Advocate Cooke stated that the perception that the presiding judge is likely to be biased must be based on facts not speculations.  He further stated that the conduct of the applicants is inconsistent with reasonable apprehension of bias.
Legal representative for the applicants, Advocate Christopher Lephuthing, insisted that the judge should withdraw himself from the case. He said the judge is likely to be biased as he made the affidavit which was presented in a private meeting held in his chambers.

Lephuthing argued that the judge maintains that he acted correctly therefore that creates an honest perception of bias. He further stated that it is difficult to conclude that the judge is going to bear an impartial mind when certain issues were dealt with in secret, not in public as it is required that matters be heard in an open court.