Chief Julius Malema let the up-and-comer know that he would not like to have with the effect that she was "self-important".
Yet, Fisher denied she was presumptuous and said she acknowledged that her judgment had been upset, yet could in any case be pleased with the thinking she took.
One of two possibility for the Competition Appeal Court Bench told Judicial Service Commission (JSC) chief Julius Malema, during her meeting for an opening on the Bench, that she was not an egotistical individual.
Judge Denise Fisher was reacting to an inquiry from Malema about a judgment she had composed on contest law (Competition Commission versus Beefcor), which was upset by the Constitutional Court.
"You can't be pleased with an off-base judgment that gets overruled by the Constitutional Court since then you are recommending that the judgment of the Constitutional Court does not merit the paper [it's] composed on," Malema put to her.
[Because], as an adjudicator of the lower court, when being adjusted by a higher court like the Constitutional Court, you ought to have the option to say well, I acknowledge and I have gained from that and push ahead on the grounds that I leave here with an agreement that you can be glad for being off-base as an appointed authority since that is the impression I am getting.
She reacted: "I acknowledge that the Constitutional Court was correct. Clearly, I do, and I acknowledge that my judgment has been toppled. However, the way wherein I contemplated, it managed the two alternatives that can be embraced in the translation," Fisher said during her virtual meeting on Monday.
Malema addressed whether the Constitutional Court's toppling of Fisher's judgment implied that her judgment was off-base.
Fisher reacted: "It can imply that, in spite of the fact that you have analyzed the different standards in the case...you picked an understanding that was not as per the translation that the Constitutional Court decided on. In this way, I assume in straightforward language, it implies the Constitutional Court was saying OK, the Competition Court decided on some unacceptable understanding. It doesn't imply that that translation wasn't really a suitable understanding".
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Yet, Malema was not happy with that reaction and examined further, saying that when a matter is engaged a higher court, it implies that the adjudicator can either be correct or wrong. He said he would not like to have with the effect that Fisher was "presumptuous" when a higher court remedies her.
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