Quote of the week

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.

L'Heureux-Dube and McLachlin JJ
Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288
17 March 2007

With friends like these….

In response to my post on Ranjeni Munusamy and Mr Jacob Zuma, a reader of this Blog writes:

That’s bull shit!!!! You are only looking at your own angle, what do you thing of what you read on Business Day???? You are one of those people who hate JZ without a reason but full of yourself. Get lost man…

Which just goes to show, in an ethically free zone facts do not matter. But the Zuma supporters like the one quoted above would do well to have a peek at the SCA judgment in the Shaik trial. It really does make for interesting reading when your hero is Jacob Zuma. A bit like reading about the Widows and Orphans Trust when you thought R Arthur W Brown or whatever his name is, was a champion of the poor.
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