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
26 June 2008

Xolela Mangcu: who are those to be killed?

Xolela Mangcu has written a scathing column in today’s Business Day asking: how did a once proud freedom movement become a party of death? Who, Mangcu wants to know, are those “dark forces” or the “third force” or the “anti-revolutionaries” that will have to be killed. Then he continues:

Let us then move on to consider the method of death. Will Vavi, Malema and their gang of warriors shoot the enemies in the head even as they plead for their lives? Or will they dismember them in full view of the world to teach others a lesson? Will they set them ablaze in the manner of Ernesto Nhamuave?

And will they laugh around the burning bodies while singing revolutionary songs? Or will they simply do what many leaders did during the 1980s, which was simply to issue orders to the foot soldiers. In those days the leaders could still go around sipping champagne at society gatherings, knowing full well that the killing machines were in full swing in the townships.

Like Liberia’s Charles Taylor, the leaders can now still go about their business knowing full well of the death and destruction. Occasionally the cellphone will ring and they will politely ask to be excused from the dinner table so they can get progress reports from the killing fields.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest