Sources of Bias

Mind Map by yasallen, updated more than 1 year ago
Created by yasallen over 6 years ago



Resource summary

Sources of Bias
  1. General Bias
    1. R v Sussex
      1. 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
      1. S v Roberts
        1. 1) There must be a suspicion that judicial officer MIGHT be biased
          1. 2) The suspicion must be that of a reasonable person in the position of the accused/litigant
            1. 3) The suspicion must be based on reasonable grounds
              1. 4) The suspicion must be one that a reasonable person would have
        2. SARFU
          1. S 34 - everyone has a right to a fair public hearing that can be decided by a court
            1. 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
              1. 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
          1. Rose v JHB
            1. HELD: The smallest pecuniary interest is enough to raise a suspicion of bias
            2. Bernert v ABSA
              1. HELD: ask if there is a realistic possibility that the outcome of the proceedings would affect the judicial officer's interest.
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