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
10 October 2013

According to Red October, white South Africans are an ‘Ethnic Minority’ who are experiencing ‘inhumane Slaughter and Oppression’ (yes, the caps are in the original). In phrasing that could be lifted directly from the liberation years, the ‘people of South Africa’ will ‘no longer be silent’. ‘Other minority groups’ (one wonders which ones) will join ‘in a show of solidarity’ against the government’s failure to enforce our ‘rights’ and provide all citizens with a ‘free, fair and safe country’. Not only that, but they’ve exhumed poor Edmund Burke’s aphorism about evil flourishing while good men do nothing, a somewhat ironic choice for a demographic that spent the worst years of the struggle braaiing by its pools and inspecting its maids for signs of communism. – Nicky Falkof in a column on Daily Maverick on the disturbing “Red October” campaign.

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