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 December 2010

Giving credit where credit is due

DA MP, Annelie Lotriet, seems to be a brave woman, risking alienating some of those who voted for her party “merely” to take a principled but necessary stand. I see she issued the following statement. As someone who as goaded the DA for not taking a stand on issues of racism, I have to give credit where it is due. So here is the statement in full.

Hofmeyr comments: DA deplores prejudiced views

The Democratic Alliance (DA) deplores the deeply racialist comments published by musician Steve Hofmeyr.

Hofmeyr’s statement that black South Africans “suck up the propaganda of entitlement” in order to “justify their brutality” is profoundly repugnant. It demonstrates deep-seated prejudiced views that are completely inconsistent with the values that inform our constitutional state, it lowers the standard of constructive political and social debate, and it sets back efforts to build a truly nonracial, compassionate South African society.

Regrettably, this statement shows there are still South Africans who are severely detached from the values of modern South African society, and who hold prejudicial views about their fellow citizens.

Every South African who is committed to building a compassionate society should reject Hofmeyr’s comments. They are more reminiscent of a bygone era of racial domination under Apartheid than the kind of conversation one expects to hear in a multiracial democracy in 2010.

Statement issued by Annelie Lotriet, MP, Democratic Alliance Shadow Minister of Arts and Culture, December 7 2010

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest