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
5 April 2007

Zille the liberal?

The interview with Helen Zille in the Sowetan is quite reavealing. On most issues she seems to the left of Tony Leon. No wonder Leon’s henchmen do not want her as leader. She seems closer to Reinette Taljaard than to Ryan Coetzee. Some interesting extracts:

Sowetan: [What do you think of] the death penalty?

HZ: If you do not have a good justice system you end up hanging the wrong people. Can you imagine [having] the death penalty and you convict the wrong people in our criminal justice system and with corruption in the police service. Imagine how it can be used, for example, against political opponents.

S: Gay marriages?

HZ: If I had been in parliament I would have voted for it [the Civil Union Bill].

S: What can people do about teenage pregnancies?

HZ: It starts in the home. We need parents who have children when they are ready and want children, who are totally dedicated and committed to their children, who are making every sacrifice and support to help their children develop. This in turn generates a sense of commitment and loyalty from their children. In that atmosphere of love, support and discipline we can start addressing some of these problems.

S: Is Jacob Zuma fit to run for office?

HZ: I don’t think Jacob Zuma is the right person to be president of South Africa. What he has said, what he has done, the actions he has admitted to, show that his judgments are highly questionable. The very fact that as head of the HIV and Aids strategy he admitted to having unprotected sex with a woman he knew was HIV positive, who was young enough to be his daughter [and] when we are facing issues you have just raised like teenage pregnancies, raises a major question about judgment, about leading by example and about leading from the front.

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