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
7 November 2019

Rugby and rainbows

The almost pathological need to place white people at the center of the national narrative about the future is a blind spot for many well-meaning white people. For too many of our white compatriots, the South African story is built around the fate of white people. This inability to see the future without insisting that the photo frame includes white images represents a strange sort of race-consciousness for a group that often professes not to care about race. The stories that count are their stories even though it is widely accepted at an intellectual level that for South Africa to thrive socially and economically, it is black people who will need to make significant progress.

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