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
18 January 2017

Poplak on corruption

Apartheid-era sleaze, especially during the sanctions period, ushered in a series of financial crimes of Bon Jovi ballad proportions. That billions were stolen have never been much of a secret, but nailing downright villains has always been a challenge. The uncynical view is that former finance minister Trevor Manuel and his advisors were under the impression that chasing the missing cash would destroy the delicate green shoots of the post-apartheid economy – a decision that, like so many back in those days, dispensed with justice in favour of “stability”. The more cynical view is that the ANC cut a deal with the apartheid scum, one that traded cover-ups on pre-changeover crimes for help on perpetrating post-changeover heists.

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