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
18 October 2013

Meanwhile, Van Schalkwyk plans to extend the Sho’t Left campaign and encourage supply-side diversification. Now rumours are circulating that he has identified four niche opportunities for heritage product development. The first involves an expansion of cultural tourism. The present bias in favour of “African cultural villages” in rural areas has been revisited. The Sho’t Left campaign will instead showcase a “Red October Show” in which bare-breasted popular icons Steve Hofmeyr and Dan Roodt will blend traditional music and the “weed dance” to expose the “inhumane slaughter and oppression” of the white Afrikaner. In order to attract the burgeoning black middle class, a new theme park in Cape Town’s southern suburbs will enable visitors to view “Constantia ladies” in their natural habitat and reveal the mystery of what they do all day. A proposed Gupta Compound tour will incorporate Saxonwold helicopter rides, bush sightings of furtive ministers, and much-sought-after free copies of The New Age newspaper. – Anthony Butler, having fun in his column in Business Day

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