Apprehension of bias and the spectacle of the fair-minded observer: a survey of recent commonwealth and South African decisions on pre-judgment
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126107 , vital:35850 , http://specjuris.ufh.ac.za/apprehension-bias-and-spectacle-fair-minded-observer-survey-recent-commonwealth-and-south-african
- Description: A perusal of contemporary Commonwealth case law reveals that allegations of bias or apprehension of bias tend to revolve around the pecuniary or other interests of the Judge arising from kinship, previous relationship, or association with party or counsel.1Apparent bias could also be inferred from the judge‘s conduct or utterances, especially, his/her criticisms or cumulative criticisms of a party during proceedings or in adjudication.2In other instances, a judge‘s previous knowledge or association with the case in court, or of an important witness, may disqualify him/her from sitting or passing judgment in the case.3
- Full Text:
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126107 , vital:35850 , http://specjuris.ufh.ac.za/apprehension-bias-and-spectacle-fair-minded-observer-survey-recent-commonwealth-and-south-african
- Description: A perusal of contemporary Commonwealth case law reveals that allegations of bias or apprehension of bias tend to revolve around the pecuniary or other interests of the Judge arising from kinship, previous relationship, or association with party or counsel.1Apparent bias could also be inferred from the judge‘s conduct or utterances, especially, his/her criticisms or cumulative criticisms of a party during proceedings or in adjudication.2In other instances, a judge‘s previous knowledge or association with the case in court, or of an important witness, may disqualify him/her from sitting or passing judgment in the case.3
- Full Text:
The problems of proving actual or apparent bias: an analysis of contemporary developments in South Africa
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127498 , vital:36017 , https://doi.org/10.17159/1727-3781/2011/v14i7a2616
- Description: This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator may not always be easy and parties often revert to apprehended bias, an allegation of bias in any adjudication process is a matter that courts take very seriously. This notwithstanding, the courts have failed to consistently demarcate the necessary elements and threshold of proof that complainants must overcome to secure a successful challenge of decisions based on adjudicative impartiality. Upon critical evaluation of the decisions on the subject so far rendered, this article suggests that the pattern which has seemingly emerged is that which weighs the allegations of bias against the presumption of impartiality and the requirements of the double reasonableness test.
- Full Text:
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127498 , vital:36017 , https://doi.org/10.17159/1727-3781/2011/v14i7a2616
- Description: This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator may not always be easy and parties often revert to apprehended bias, an allegation of bias in any adjudication process is a matter that courts take very seriously. This notwithstanding, the courts have failed to consistently demarcate the necessary elements and threshold of proof that complainants must overcome to secure a successful challenge of decisions based on adjudicative impartiality. Upon critical evaluation of the decisions on the subject so far rendered, this article suggests that the pattern which has seemingly emerged is that which weighs the allegations of bias against the presumption of impartiality and the requirements of the double reasonableness test.
- Full Text:
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