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
25 September 2013

On the other end of the scale, the recent launch of Freedom Fridays by LeadSA – a fairly socially conservative campaign led by media outlets to encourage South Africans to be better citizens (whatever they may mean by that) – and the Department of Arts and Culture exhorts South Africans to wear something every Friday that symbolises their love for the country. Both Braai Day and Freedom Day are problematic. Whatever the good intentions of its founders, Braai Day transforms Heritage Day into yet another opportunity for supermarkets to make quite a lot of money (in much the same way that Women’s Day has become another version of Mothers’ Day). And Freedom Friday promotes an unthinking patriotism, which ignores South Africa’s far-from-uncomplicated political and social trajectory post-1994. The fact that it was launched six months before a general election can’t be harmful either. Indeed, both elide South Africa’s deeply conflicted past: for all their enthusiasm for “heritage”, there’s very little history in how these two initiatives explore and redefine what it is to be South African. – Sarah Emily Duff on Heritage Day at Slipnet

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