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 February 2007

President Mbeki mentions crime!

The State of the Nation address seems less defensive and more self-critical than any that came before. I was struck especially by this quote:

Certainly, we cannot erase that which is ugly and repulsive and claim the happiness that comes with freedom if communities live in fear, closeted behind walls and barbed wire, ever anxious in their houses, on the streets and on our roads, unable freely to enjoy our public spaces. Obviously, we must continue and further intensify the struggle against crime.

While we have already surpassed that targeted figure of 152 000 police officers employed in the South African Police Service, and while we have improved the training programme, we recognise the fact that the impact of this is not yet high enough for everybody to feel a better sense of safety and security. While we have reduced the incidence of most contact crimes, the annual reduction rate with regard to such categories as robbery, assault and murder is still below the 7-10% that we had targeted. And the abuse of women and children continues at an unacceptable level.

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