Judge rules out recusal in Barnabas Xulu frozen assets case

Controversial attorney Barnabas Xulu has been dealt another defeat in the courts in his bid to wrest back control of millions of rands worth of assets frozen last year.

Western Cape High Court Judge Ashley Binns-Ward who, in November, confirmed an anti-dissipation order against Xulu, pending the finalisation of his multimillion-rand fee dispute with the department of forestry, fisheries and the environment, this week dismissed an application Xulu lodged for his recusal.

The judge also dismissed Xulu’s application for leave to appeal his November ruling.

Last January, the high court found Xulu’s firm, B Xulu & Partners Incorporated, had unlawfully been paid about R20 million in legal fees by the department and ordered he repay it.

He has approached the Supreme Court of Appeal to overturn the ruling.

The high court in October handed down an interim order freezing Xulu’s assets, which Binns-Ward confirmed in November. Last month, Xulu moved an application for Binns-Ward’s recusal.

His reasons included that Binns-Ward had allegedly discussed his case with other judges and was a complainant against him in a pending complaint with the Legal Practice Council.

bernadettew@citizen.co.za

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