Advocate Carol Steinberg asked him about the delays caused by litigants with deep pockets who string out their cases by appealing rulings repeatedly - and specifically former president Jacob Zuma - whose corruption trial Koen is presiding over
JOHANNESBURG - Pietermaritzburg High Court judge Piet Koen said it might be time to lift the automatic suspension of court orders that are being appealed.
Koen appeared before the Judicial Service Commission on Monday to interview for an appointment to the Supreme Court of Appeal.Koen declined to talk about the Zuma case saying it was still pending and he felt uncomfortable discussing it. However - speaking generally - he said that perhaps the time had come to relook at the superior courts act - which currently provides that "the operation and execution of a decision - which is the subject of an application for leave to appeal or of an appeal - is suspended pending the decision of the application or appeal".
“Hasn’t the time come that when we have an application for leave to appeal it should be left to the presiding judge to say: ‘yes, I do as the one who wrote the judgement, I know have reservations on certain points, therefore, pending the appeal, I am not going let this judgment being carried into effect but at the same time also that if it is an appeal that has no prospects, as much as one cannot deny the party the right to appeal’… But at least...
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