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
19 October 2009

“We have a problem… this organisation [the ANC] is faced with a new enemy… and this enemy is composed of twins. Twins that are destroying the organisation,” said President Jacob Zuma. To loud applause from members, he said there were people in the ANC who were prepared for the organisation to be destroyed in order for them to occupy certain positions.  Lobbying within the ANC had in some cases stopped being comradely and was now deadly, marked by character assassination and gossip.  “This enemy, the one twin — authority, positions. The [other] twin is money. These two walk together; they are well armed; they are destroying the African National Congress,” Zuma warned.

The two were related because “some are looking for a position to put their friends so that they have access to resources,” he said to cheers and whistles of approval from his audience. Zuma said there were people in the organisation “who have surrendered themselves to the comrades of other comrades… who work 24 hours for certain comrades, not for the ANC. – Cape Times Report on a speech delivered by Preisdent Jacob Zuma to the ANC Western cape provincial general council

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