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
3 February 2016

Alexander Beresford: Power, Patronage and Gatekeeper Politics in South Africa

Access the article here: Afr Aff (Lond)-2015-Beresford-afraf_adu083

ABSTRACT

This article examines the rise of gatekeeper politics within the ANC, drawing on an analysis of ANC discussion documents, key informant interviews with senior party officials, and interviews and observations from the ANC’s centenary policy conference. On the basis of this material, I identify the symptoms and consequences of gatekeeper politics, including the growth of patronage networks, crony capitalism, and bitter factional struggles within the party. Rather than resembling some uniquely “African” form of political aberration and breakdown, gatekeeper politics should be viewed within a broader spectrum of patronage politics evident elsewhere in the world, because it is intrinsically bound up with the development of capitalism. Political leaders who occupy positions of authority in the party or public service act as gatekeepers by regulating access to the resources and opportunities that they control. A volatile politics of inclusion and exclusion emerges and provokes bitter factional struggles within the ANC as rival elites compete for power. The rise of gatekeeper politics undermines both the organizational integrity of the ANC and its capacity to deliver on its electoral mandate. It can also depoliticize social injustice in post-apartheid South Africa by co-opting popular struggles over access to resources that might otherwise challenge the political status quo.

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