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
28 May 2010

The ANC government is failing in service delivery and the evidence is everywhere that there is a degree of panic in the party’s ranks about the 2011 local government election. The ANC is under various kinds of threat, but the threat that concerns its leadership most is the possibility that they lose the support of the poor. This environment gives voice to the worst of those who have found a home in the ANC; those who understand the power of the call to take back what is “rightfully ours” – the land and the mines; and those who covertly would harness the rage and fear rife in the townships – a strategy indistinguishable from the early activity of the National Socialist German Workers’ Party. The older ANC members would be genuinely outraged at any suggestion that they would countenance these strategies but it is difficult not to conclude that these forces are unleashed in our society as a direct result of the failure of ANC leadership. – Nic Boraine

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