Acting judge refuses to recuse herself in Manyi's defamation case

Acting Judge Fiona Dippenaar has refused to recuse herself in the defamation case brought against former government spin doctor Mzwanele Manyi by billionaire entrepreneur Magdalena Wierzycka.

Manyi had asked Dippenaar to recuse herself from the case because she comes from the same group of chambers as Wierzycka's counsel‚ David Unterhalter SC.

In her judgment‚ handed down on Wednesday‚ Dippenaar said Manyi's perspective that she may be biased in Wierzycka's favour because her counsel comes from the same group of chambers as Dipperaar was "misconceived".

"An informed and objective person would be aware of the independent and rival nature of an advocate's practice. He or she would be aware that the Bar assists the Bench by its senior members offering their services to assist with acting appointments. In doing so‚ it happens on a regular basis that members of the same group appear as representatives of one or more of the parties and acting judge respectively‚" Dippenaar said.

She said Manyi had not illustrated that a "reasonable‚ objective and informed person would on the correct facts apprehend that the court will not bring an impartial mind to bear on the matter".

She ordered Manyi to pay the costs of the application.

Dippenaar also directed that the matter be argued on Wednesday on merits after her judgment on Manyi's application for her to recuse herself.

Wierzycka‚ the outspoken chief executive of Sygnia Asset Management and South Africa’s wealthiest woman‚ has filed an urgent application in the South Gauteng High Court seeking an order to declare statements Manyi made against her on Twitter and Facebook — including that she was guilty of economic “terrorism” — defamatory.

Wierzycka's legal counsel argued in the South Gauteng High Court on Wednesday that her defamation application against Manyi was urgent because her reputation and safety were at stake.

Her counsel Advocate Lwandile Sisilana told the court that Wierzycka feared for her life and that of her family following threats she had received.

"Her reputation cannot he harmed in this fashion and the court must intervene‚" Sisilana argued.

He said if the statements Manyi had posted about her were not removed‚ she would continue to suffer from harassment and threats from the public.

"Mr Manyi knows there is no factual basis on these statements."

Sisilana contended that even if his client had said she would offer President Jacob Zuma any amount of money to step down‚ there was no proof that she did.

"There is no actual offer of a payment or bribe."

According to Sisilana‚ Manyi is harassing Wierzycka because he wants to drive her out of the public space.