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
6 May 2019

On Floyd Shivambyu’s alleged corruption

Floyd Shivambu told Parliament that the only income he earned in 2017 was his salary as a member of the National Assembly. No shares, no directorships, no consulting fees, no sponsorships, no land, no pension — no benefits at all. But a series of cryptic SMSes and WhatsApp messages between Shivambu and high-profile businessman Lawrence Mulaudzi paint a different picture. The messages, seen by amaBhungane, show that the deputy president of the EFF twice asked Mulaudzi for an “intervention” — clearly code for cash — including one to be paid into the account number of Grand Azania, a company controlled by Shivambu’s brother Brian. The messages suggest that in exchange Shivambu may have used his position as the EFF’s second-in-command to secure meetings and potential business deals for Mulaudzi.

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