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
13 February 2019

Mazzotti confesses

According to Jacques Pauw‚ Mazzotti said in an affidavit to SARS on May 6 2014 that, while discussing Carnilinx’s tax bill‚ reportedly worth about R600m‚ he was a “duly authorised representative of Carnilinx”. Mazzotti described in the affidavit how SARS’ officials were bribed and spoke of fraud‚ money laundering‚ tobacco smuggling and tax evasion. “I accept‚ and so does Carnilinx and all its directors‚ that this was unlawful and morally wrong … The cash received was utilised to pay the people referred to and the balance was retained by the three of us in equal proportions. I point out‚ however‚ that a substantial amount of this money was used by the three of us as company expenses‚ engaging in expensive dinners‚ entertaining business people‚ politicians and other people‚” read the affidavit.

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