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
31 January 2018

On the corrupt Ace Magashule

Controversial ANC secretary general and Free State Premier Ace Magashule is implicated in a dodgy property deal with the Free State Development Corporation (FDC) that saw his long-lost daughter score R9 million for doing nothing. … With the previous business shut down, the FDC could now start the process of transferring the property to Magashule’s daughter. Two sources familiar with the FDC’s handling of this deal claim that “the big man”, a reference to Magashule, had exerted pressure on FDC staff to ensure that Malembe’s trust became the property’s new owner. “When the FDC’s handling of this deal was questioned internally, FDC staff were told to keep out of it, seeing as the big man was behind it,” says one such source. Magashule denies this claim.

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