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
9 April 2010

Announcement: Good governance in Land Tenure Conference

Good Governance Project

The Konrad-Adenauer-Stiftung and the Faculty of Law, NWU (Potchefstroom) cordially invite all interested parties from the judiciary, government departments, private practice, non-governmental organisations and academic institutions to a two-day colloquium on: Good governance in land tenure 22 and 23 April 2010

Venue: Faculty of Law, North-west University, Potchefstroom

The programme will, inter alia, focus on: • International perspectives on the meaning of good governance in land tenure • Good governance in land restitution, including pre- and post-settlement support • Good governance in land redistribution, including pre- and post-settlement support • Good governance in the reform of communal land tenure and land registration • Good governance in land planning

Reservations for attendance should be made no later than Monday 7 April 2010

THE PROJECT IS SPONSORED BY THE KONRAD-ADENAUER STIFTUNG

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