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
7 October 2015

Godfrey Pitje Inaugural Memorial Lecture

General: Godfrey Pitje Inaugural Memorial Lecture

The Godfrey Pitje Inaugural Memorial Lecture, to be hosted by the Black Lawyers Association, will be delivered at Constitution Hill, Johannesburg, on Friday (18:30 for 19:00) by Deputy Chief Justice Dikgang Moseneke. The lecture will focus on the principles of the late Godfrey Mokgonane Pitje under the title ‘The life of Godfrey Mokgonane Pitje as a professional, activist, educator: Reflections to aspiring lawyers.’ For more information, contact Busani Mabunda, at busani@mabundainc.co.za or 082 964 4490.

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