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
6 July 2011

“The Capitalists” have never been a unified block; but the split between what BMF and BUSA represent is important.

The Black Management Forum (along with the Youth League and similar groups) want the goodies out of employment equity and black economic empowerment legislation and regulation for themselves. They do not care about the functionality of the parastatals or the state or legislation that encourages economic growth. They care about maximising there advantage from transformation – getting the top jobs in parastatals and getting access to control of the linked patronage networks. BUSA represents productive business – that needs a functional state and needs working utilities. It needs the best management. Its interests are in direct opposition to the BMF’s –  which represents the most parasitic elements of the new elite and see the public sector (as well as their leveraged advantage in the private sector) as an opportunity for rent seeking and looting. – Nic Borain

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