IPHC leadership battle | Recusal application dismissed

PRETORIA - Judge Portia Phahlane has dismissed with costs an appeal application brought by two of the Modise brothers for the judge to recuse herself.

Three brothers are embroiled in a leadership battle for control of the church that was headed by Glayton Modise, who died in 2016.

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The brothers applied for Phahlane to recuse herself from the case, citing bias as a reason.

"I have considered all the grounds of appeal in the submissions made by both parties and I cannot find any compelling reasons justifying granting for leave to appeal," Phahlane said.

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"For the reasons set out above, I'm of the view that the order is not appealable and secondly there are no reasonable prospects of success that another court will come to a different conclusion than the one that was taken by court.

"In the circumstances, the following order is made. The application for leave to appeal made on behalf of Mr Tshepiso Modise and Mr Leanrd Modise is dismissed with costs."