2780734
Sources of
Bias
- General Bias
- R v Sussex
- HELD: it is of
fundamental
importance that
justice should not
only be done, but
should manifestly,
and undoubtedly
be seen to be done
- HELD: it is of
fundamental
importance that
justice should not
only be done, but
should manifestly,
and undoubtedly
be seen to be done
- R v Sussex
- Personal Bias
- S v Roberts
- 1) There must be a suspicion that
judicial officer MIGHT be biased
- 2) The suspicion must be that of a
reasonable person in the position of
the accused/litigant
- 3) The suspicion must be based on
reasonable grounds
- 4) The suspicion must be one that a
reasonable person would have
- 4) The suspicion must be one that a
reasonable person would have
- 3) The suspicion must be based on
reasonable grounds
- 2) The suspicion must be that of a
reasonable person in the position of
the accused/litigant
- 1) There must be a suspicion that
judicial officer MIGHT be biased
- SARFU
- S 34 - everyone has a right to a fair
public hearing that can be decided by
a court
- Thus, a judge would be acting
contrary to this section if he hears a
matter, despite there being a
reasoanble apprehension of bias on
his part
- HELD the test for bias is whether a
REASONABLE, OBJECTIVE and
INFORMED person would, on the
facts, have a reasonable apprehension
of bias. HELD that onus is on
APPLICANT to prove bias.
- HELD the test for bias is whether a
REASONABLE, OBJECTIVE and
INFORMED person would, on the
facts, have a reasonable apprehension
of bias. HELD that onus is on
APPLICANT to prove bias.
- Thus, a judge would be acting
contrary to this section if he hears a
matter, despite there being a
reasoanble apprehension of bias on
his part
- S 34 - everyone has a right to a fair
public hearing that can be decided by
a court
- S v Roberts
- Monetary Bias
- Rose v JHB
- HELD: The smallest pecuniary
interest is enough to raise a
suspicion of bias
- HELD: The smallest pecuniary
interest is enough to raise a
suspicion of bias
- Bernert v ABSA
- HELD: ask if there is a realistic possibility
that the outcome of the proceedings
would affect the judicial officer's interest.
- HELD: ask if there is a realistic possibility
that the outcome of the proceedings
would affect the judicial officer's interest.
- Rose v JHB
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