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
12 February 2007

Quicker, cheaper divorce coming

The Independent Online reports that a draft law paving the way for divorces in a regional court, instead of the more costly high court, is expected to be tabled in parliament in 2007.

Is the legislature expecting a new spike in divorces now that they have legalised same-sex marriage? From anecdotal evidence it seems that same sex couples are not rushing to the magistrates offices across South Africa to get married so even the most homophobc person could not argue that there will be a flood of new divorce cases.

This means that the propose legislation suggests that in a moment of sanity the higher ups at the Department of Justice or Home Affiars have realised how silly it is to try and limit divorce by making the process expensive and cumbersome.

Whether the advocate’s profession is going to be thrilled by this move is, of course, another matter.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest