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
22 February 2013

JSC schedule for Constitutional Court interviews

The Judicial Service Commission (JSC) cordially invites the media, both electronic and press to attend the interviews of the five shortlisted candidates for the vacant judicial position in the Constitutional Court which arose as a result of the retirement of Justice Zak Yacoob.  Following the interviews, the JSC will have a media briefing to announce the names of the recommended names on the same day.

The five shortlisted candidates are:

  1. Judge L O Bosielo
  2. Judge S A M Baqwa
  3. Adv J J Gauntlett SC
  4. Adv M R W Madlanga SC; and
  5. Judge B S Spilg

 

The interviews will take place as follows:

Venue: Premier Hotel O R Tambo, Kempton Park

Date: 22 February 2013

Time: 09h00

Issued by the JSC

For more Information, please contact Adv Ntsebeza SC on 082 467 2490 or Mr CP Fourie on 082 881 1737

Email: Ntsebeza@mweb.co.za or CPFourie@fsf.co.za

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