declaring the issue as res judicata, the Supreme Court of Appeal was in
effect maintaining the view it had taken in its judgment of 12 July 2004.
29.
To bolster his case regarding the alleged violation of Article 7 of the
Charter, the Applicant made several unsubstantiated allegations against
some
of the
judges,
some
of which
allegations
repeating here.
He alleged, for example,
Supreme
of Appeal
students
Court
who
had
lodged
was
the
not
worthy
of
that one of the judges of the
biological
complaints
are
against
father
him.
of one
During
of the
the hearing
and in response to a question by this Court, counsel for the Respondent
pointed out that the allegation was not true; the Applicant was unable to
dispute this. Again, without any substantiation, the Applicant ascribed
prejudice
against
Judges
and
the
Registrar,
and
in some
instances,
used unbecoming language in criticizing some judgments.
Respondent’s case
30.
Preliminary
Points:
The
Respondent
has
raised
two
preliminary
points.
30.1
The first point relates to the admissibility of the application, namely,
that the application is not admissible as the matter is already before
the Commission, and therefore that it is sub judice before the latter. In
this respect, Respondent argues that it would be undesirable to allow
litigants some forum shopping.
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