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 May 2016

Discussion on appointment of new Public Protector

Appointment processes and our Chapter 9 Institutions

The Goedgedacht Forum and the Institute of Security Studies invite you to join Professor Pierre de Vos (Claude Leon Foundation Chair in Constitutional Governance, Dept. of Public Law UCT)  and David Lewis (Executive Director, Corruption Watch) in a discussion facilitated by Judith February (senior research associate, ISS).

Chapter 9 institutions are an important part of our politics and have a vital role to play in the deepening of democracy.  They constitute an integral part of the checks and balances needed to ensure that the different arms of government are kept in balance.  Recent events have shown just how important these institutions are.  In order that they are empowered to do their work, we need to continually look at not only the work that they do, but also that they are properly resourced and that their institutional structures are strengthened.  Please join us to add your voice to this important discussion.

Event information

Date:            24th May 2016

Time:             9:30 am for 10:00am – 12:00pm

Venue:          Spin Street, Cape Town

Please RSVP before 20th May 2016 to Felicity Harrison: felicity@gforum.co.za  

 

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