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
5 April 2017

JOEL NETSHITENZHE ON ZUMA

And then there was the cabinet reshuffle, which even officials of the ANC felt obliged to publicly disown — the bitter fruit SA has started to reap. All this is in total and arrogant disregard of ANC policies and its electoral interests, let alone the cause of social transformation. These instances demonstrate a divergence between a strange coterie, on the one hand, and the ANC on the other, which is meant to be the strategic centre of power for its members.

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