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
11 April 2009

Did Michael Hulley give the game away?

When Mr Jacob Zuma’s lawyer was asked about the origins of the tapes illegally and criminally handed over to the Zuma camp and then used by the NPA to drop charges against Mr Zuma he said that attorney-client priviledge prevented him from saying where the tapes came from.

Interesting.

Who is Mr Hulley’s client whom he is protecting?

Jacob Zuma?

Seems to me it is reasonable to ask whether Mr Hulley gave away the game with this comment. It strongly suggests that the tapes come from Mr Zuma himself. Could that be why there is attorney-client priviledge between the person handing over the tapes and Mr Hulley who received them. Or does Mr Hulley have other clients who have an interest in this case. Can he claim attorney-client priviledge when he was party to a crime and or covering up a crime?

So, when will the police begin investigating this crininal act of handing over and receiving the tapes? Will the NPA ever charge Mr Hulley and or Zuma or any other client of Mr Hulley for this criminal act?

I am sure they will. And I am sure Thabo Mbeki will soon admit that he was wrong on HIV and Aids, Xolela Mangcu will give his shares back to Tokyo Sexwale and the Independent Democrats will win the election.

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