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
11 May 2012

Shortlisted names for appointment to the Constitutional Court

SHORTLISTED CANDIDATES FOR JUDICIAL
POSITIONS

 

On 22 March 2012, the Judicial Service Commission (JSC) republished an advertisement calling for nominations of interested persons to fill a vacancy in the Constitutional Court.  The closing date for the nominations was set for 30 April 2012.

Following the closing date, the JSC has compiled a shortlist of candidates to be interviewed for the vacant position in the Constitutional Court at its sitting to be held on 09 June 2012 as follows:

  1. Judge L O Bosielo
  2. Judge M M L Maya
  3. Judge R W Nugent; and
  4. Judge R M M Zondo

The shortlisted candidates
will be notified of the time and venue of the interviews in due course.

Issued
by the Judicial Service Commission

Enq: Adv D Ntsebeza SC
0824672490 and Mr C P Fourie 0828811737

06 March 2012

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