Page 25 - Magistrates Conference 2019

i) Your spouse is the health minister in the government. The government

has decided that there should no longer be any free medical assistance.

This decision is to be challenged in the courts. Can you try the case?

ii) Would your answer change if your spouse held a different portfolio?

27.

i) You have been asked to be a character witness in a criminal case. You

know the defendant from your time as a lawyer. What do you do?

ii) Would your answer be different if you received a subpoena to attend

court to give character witness evidence?

iii) Would it make any difference if the defendant is an old family friend?

28. A long time friend of yours who is an advocate appears in front of you in a

civil case. On the other side is a litigant in person who objects to you trying

the case on the basis of your friendship. What do you do?

29. i) You are stopped for speeding by a police officer. He says that he will take

the matter no further for a consideration. What do you do?

ii) Would it make any difference if he recognised you and offered to take the

matter no further with no mention of a consideration?

30. The wife of one of your judicial colleagues appears as counsel in front of

you.

i) What do you do?

ii) Would it make any difference if she were a party in the case?

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