Jacob Zuma needs potential MK voters to believe that if they vote for the party, they are voting for him to become an MP and perhaps President. If the Court rules against Zuma before the election and it becomes clear that he cannot take up a seat in the Assembly, it might make potential MK voters less likely to vote for the party.

In February 2021, shortly after the Constitutional Court had ordered Jacob Zuma to testify before the State Capture Commission (which he was in any event legally required to do), Zuma issued a statementclaiming that he would defy the order and that he was prepared to go to prison. “I do not fear being arrested,” he claimed. “I do not fear being convicted nor do I fear being incarcerated”. (more…)

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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
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