a British immigrant who emigrated to South Africa in 2002, spent his career fighting for immigrant rights and now holds South African citizenship alongside his British citizenship, is sitting as the judge who determines the immigration rights of other foreign nationals in South Africa. His very personal journey mirrors the journeys of the people whose cases he adjudicates. Whether or not this constitutes a legal conflict of interest, it raises profound questions about perspective, lived experience and unconscious bias that the judiciary cannot simply dismiss as xenophobia.
South Africans need judges who approach immigration cases with TRUE neutrality not judges who spent their careers fighting for the very people now appearing before them
That is nothing, during covid UK was having a meeting online. Malawi insisted to go physically. They were allowed 6 people. The six people were the president, his wife, daughters and son-inlaws.
Email to the JSC / Judicial Conduct Committee
Subject: Request for Investigation into Potential Apparent Bias, Disclosure and Recusal Concerns Relating to Judge Stuart Wilson
Dear Sir/Madam,
I am writing as a concerned South African citizen to request that the Judicial Service Commission and/or Judicial Conduct Committee formally consider whether there are matters relating to Judge Stuart Wilson’s participation in immigration and asylum-related cases that warrant investigation under the Judicial Code of Conduct.
I wish to emphasise that I am not alleging that Judge Wilson has committed misconduct or that his judgments are invalid merely because I disagree with them. I am requesting an independent assessment by the appropriate judicial body because I believe there are legitimate questions concerning perceived impartiality, prior professional associations, disclosure and recusal that deserve an authoritative answer.
Before his appointment to the Gauteng High Court, Judge Wilson co-founded the Socio-Economic Rights Institute of South Africa (SERI) and spent a significant part of his legal career in public-interest litigation involving vulnerable and marginalised communities.
More recently, Judge Wilson has presided over immigration and asylum-related matters, including the urgent application concerning Ethiopian national Soli Ered following his detention pending deportation.
I understand that a judge’s previous career in public-interest law does not, by itself, constitute bias or require recusal. Nor does a judge’s nationality, dual citizenship or previous advocacy automatically compromise judicial independence.
My concern is narrower and more specific.
I respectfully request that the appropriate judicial body establish:
1. Whether Judge Wilson had any previous professional, institutional or material relationship with any party, legal representative or organisation appearing before him in the relevant immigration proceedings.
2. Whether any such relationship was disclosed to the parties.
3. Whether Judge Wilson considered recusal in any immigration matter where his previous professional activities or associations could reasonably have raised a question of perceived impartiality.
4. Whether any matters before him concerned legal issues, organisations or litigation in which he had previously been personally involved before joining the bench.
5. Whether his comments concerning organisations participating in South Africa’s immigration debate, including organisations he characterised as xenophobic, were consistent with the standards of restraint, impartiality and dignity required under the Judicial Code of Conduct.
6. Whether the cumulative circumstances create a reasonable apprehension of bias under the applicable South African legal test, rather than merely disagreement with the substance of his judgments.
I am particularly concerned that public confidence in the judiciary may be damaged if legitimate questions about disclosure and recusal are dismissed without examination.
The judiciary must be independent, but judicial independence must coexist with public accountability and confidence in impartial adjudication.
I therefore respectfully request that the JSC and/or Judicial Conduct Committee assess these circumstances and determine whether a formal investigation is warranted.
If there was no conflict requiring disclosure or recusal, an authoritative finding to that effect would itself provide important clarity to the public.
I would appreciate acknowledgement of receipt and guidance regarding any further documentation required for this matter to be considered formally.
Kind regards,
[Full Name]
[Contact Number]
[Email Address]
South African Citizen
The official contact information currently published includes:
JSC Secretariat / Secretary of the JSC
Mr Sello Chiloane
Email: [email protected]
Office of the Chief Justice Complaints Desk at [email protected]
South Africans, I think it’s time we stop just complaining on X and start using the institutions available to us.
I’ve drafted a formal request asking the appropriate bodies to investigate the concerns surrounding Judge Stuart Wilson, including questions of judicial impartiality, disclosure and recusal in immigration-related matters.
I’m sending it to:
—Judicial Service Commission
—Judicial Conduct Committee
—Parliament’s Justice & Constitutional Development Committee
I’m making the template available for anyone who shares these concerns to copy, personalise and submit independently.
Template + submission details below 👇🏾
If you guys truly felt this way, none of you would comfortably be friends with deadbeats, but most importantly - you would actually show up for the children in your communities without fathers, but you’re here just being loud for no reason. 🙂↔️
Yes. Meet people where they are. To be in the company of others is to be negotiating imperfection at every step. Because one day, you’ll meet someone that feels like the limits of your knowledge are far below their arbitrarily set standard required for them to engage meaningfully