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 September 2010

Invitation: Public Lecture by Chief Justice Sandile Ngcobo

The Chief Justice of South Africa, the Hon. Mr Justice Sandile Ngcobo, will deliver the first Claude Leon public lecture on the topic:

“The importance of public confidence in the judiciary in South Africa”

Date: Thursday 16th September

Time: 17h30

Venue: Lecture Theatre 1, Kramer Building, Middle Campus, UCT

Please join us afterwards for drinks and snacks

RSVP: Rene 021 650 3072 or Rene.Francke@uct.ac.za

Sponsored by Juta Publisher

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