Lawyers seek Kirby�s recusal in adoption case
Mpho Mokwape | Wednesday May 7, 2014 10:52
Early this year, the Court of Appeal allowed the adoptive mother to appeal the High Court decision, which had effectively barred her from access to the five-year-old.
Last week, lawyers representing the child’s father claimed that Kirby should not preside over the appeal as he could prejudice it because he is the one who gave the adoptive mother leave to appeal.
“In addition, the child’s biological father was not mentioned resulting in the leave to appeal being granted even though the father had not consented to the adoption of his child,” the lawyers said.
The adoptive mother’s appeal could not be heard as planned last Friday, after the case had to be postponed to allow for the Court of Appeal to consider the urgent application for Kirby’s recusal.