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
8 May 2012

Chief Justice statement on death of Cabinet Minister

OFFICE OF THE CHIEF JUSTICE

MEDIA STATEMENT ON THE PASSING OF MINISTER ROY PADAYACHIE

 8 May 2012

Chief Justice of the Republic of South Africa Chief Justice Mogoeng Mogoeng today expressed his deep sadness at the sudden and untimely passing of Public Service and Administration Minister Roy Padayachie at the weekend.

In paying tribute to Minister Padayachie, Chief Justice Mogoeng said: “Observing from a distance, Minister Padayachie struck me as someone who served our country with laudable gallantry and great distinction. The only official engagement that brought the late Minister and I together, was my request in relation to the composition of the panel that is to interview the Head of the new national Department known as the Office of the Chief Justice.  He, in consultation with Justice Minister Jeff Radebe, responded positively and with great speed to our proposal that contrary to the norm, the panel should comprise more members of the Judiciary than of the Executive, in support of the independence of the Judiciary.   We will always remember him as someone who was committed to speedy delivery of quality service to our people.”

The Chief Justice added that it was telling that Minister Padayachie passed on while in Ethiopia – doing what he stood for, delivering service not only to the country, but to the African continent as a whole.

“I wish to express a word of deep condolence to his family, friends and colleagues in government. I also wish to convey a special word of gratitude to his family for allowing us to share him with them.

His untimely departure will leave an emptiness that will be hard to fill and we hope his selfless service and contribution to building a united, just and truly free South Africa will be remembered by many generations to come” said Chief Justice Mogoeng.

Ends.

Enquiries

Lulama Luti;
Director: Media Relations, Private Office of the Chief Justice

Tel: +27 (0) 11 359 7537; Cell:
+27 (0) 76 424 0667; Email: luti@concourt.org.za

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