reasonable apprehension of bias remains and the proceedings
cannot be saved.”
18.
In Panday v Virgil Warner JA also made the following observations at
paragraphs 45, 46, 59, 60
The Judicial Oath
45) In the context of allegations of apparent bias against members
of courts or tribunals, weight must be placed on the judicial oath of
office and the fact that professional judges are trained to judge and
to judge objectively and dispassionately; (per Ward LJ in Jones v Das
Legal Expenses Insurance Co. Ltd. [2003] EWCA Civ 1071, at para
28 (vi), where he cites a passage from a judgment of the
Constitutional Court of South Africa in President of the Republic of
South Africa and others v South African Rugby Football Union and
others BLCR CC 725 at 753 and where he later said that courts must
be assiduous in upholding the impartiality of judges.
46) There is a presumption that judicial officers, mindful of the oath
they have taken, carry out their duties impartially. Despite the
strong presumption, they will nevertheless be held to stringent
standards regarding bias. (See Blanchette CIS Ltd. [1973] SCR 833
at 842-843)(All emphasis added)
19.
The Honourable Warner JA summarized the principles that she
extracted from the cases examined as follows:
59) I would summarise the general considerations discussed so far
and by which I was guided as follows:
(i) Ill-founded challenges to the bench are not to be entertained.
(ii) Courts must be assiduous in upholding the impartiality of judges;
the onus of establishing bias lies with the appellant.
(iii) The impartiality of the decision maker [the Chief Magistrate] is
to be presumed, but this presumption can be dislodged by cogent
evidence.
(iv) The material facts were not limited to those which were
apparent to the applicant. They were those facts as now known
which were ascertained upon investigation by the court.
(v) An important consideration in making an objective appraisal of
the facts is the desirability that the public should remain confident
in the administration of justice. It is the appearance that these facts
give rise to, not what is in the mind of the decision-maker.
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