Sources of Bias

Sources of Bias

1. 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

2. 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
   • 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.

3. Monetary Bias

   • Rose v JHB
     • 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.