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
28 January 2016

Special Constitutional Court session for retirement of Justice Johann van der Westhuizen

Constitutional Court of South Africa

MEDIA RELEASE

A special ceremonial session of the Constitutional Court to mark the retirement of Justice Johann van der Westhuizen, after the completion of his twelve (12) year term on the Court, will take place in the Court on Friday 29 January 2016 at 10am.

The Chief Justice and other Justices of the Constitutional Court, as well as representatives of the Executive, Parliament and the legal profession will participate in this event. It is open to the public and to the media. Available seating may be limited.

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