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
16 January 2019

On State Capture

On the face of it, the Bosasa story sounds all too familiar – except this time, it is not three brothers from India who found themselves friends to a president, but rather an Eastern Cape businessman with struggle credentials and cronies with no qualms. His name is Gavin Watson. Watson has close links to the ANC thanks to struggle credentials that involved the Watson brothers refusing to play for all white rugby teams pre-1994. Watson was not alone. His right hand man for 17 years was Angelo Agrizzi, a boisterous, flashy Italian with a penchant for fast Ferraris. A host of other executives, each with their own connections to the political realm joined along the way, opening more doors.  Now Agrizzi is pulling the plug. He is finally going to speak out about his years at Bosasa – the millions allegedly paid in bribes, the covert operations to destroy evidence to keep government investigators in the dark and how a Krugersdorp company that started out providing catering at mine hostels became a billion rand tender machine.

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