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 October 2008

No wonder she had been drinking…..

The Science Daily reports on new research about the estimated amount of lives lost because of the delay in implementing a comprehensive antiretroviral programme in South Africa. It compares the situation in South Africa to that in neighbouring countries and come to the following conclusion:

More than 330,000 lives were lost to HIV/AIDS in South Africa from 2000 and 2005 because a feasible and timely antiretroviral (ARV) treatment program was not implemented, assert researchers from the Harvard School of Public Health (HSPH) in a study published online by the Journal of Acquired Immune Deficiency Syndromes.

In addition, an estimated 35,000 babies were born with HIV during that same period in the country because a feasible mother-to-child transmission prophylaxis program using nevirapine (an anti-AIDS drug) was not implemented, the authors write.

Wonder what Manto Tshabalala-Msimang and Thabo Mbeki would say about this study….

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