Although judicial proceedings will generally be bound by the requirements of natural justice to a greater degree than will hearings before administrative tribunals, judicial decision-makers, by virtue of their positions, have nonetheless been granted considerable deference by appellate courts inquiring into the apprehension of bias. This is because judges ‘are assumed to be [people] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances’: The presumption of impartiality carries considerable weight, for as Blackstone opined at p. 361 in Commentaries on the Laws of England III . . . ‘[t]he law will not suppose possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea’. Thus, reviewing courts have been hesitant to make a finding of bias or to perceive a reasonable apprehension of bias on the part of a judge, in the absence of convincing evidence to that effect.
Bloemfontein, with only 20 burglaries per 10 000 residents, was voted the best city in South Africa for men. Pietermaritzburg was rated second, Johannesburg third, Pretoria fourth, Cape Town fifth, East London sixth and Durban seventh.
It is not clear from the news reports whether cities were also judged on the intellectual stimulation available and the commitment of its inhabitants to constitutional transformation. Given the fact that Bloemfontein came out tops, I would be surprised if they were.
To be fair, using the latter criteria I am not sure that Cape Town would have done better than its 5th position either. O well, at least we have the mountian and the ocean while Bloemfontein has the Vrouemonument.