Judgment No. CCZ 7/2015 4 Const. Application No. CCZ 472/14 “While it is difficult and undesirable to attempt to define precisely the limits within which such judicial questioning should be confined, it is possible I think, to indicate some broad, well-known limitations, relevant here, that should generally be observed (see e.g. S v Sigwala 1967 (4) SA 566 (A) at 568F-H). (1) According to the above quoted dictum of CURLEWIS JA the judge must ensure that “justice is done”. It is equally important, I think, that he should ensure that justice is seen to be done. After all, that is a fundamental principle of our law and public policy. He should therefore so conduct the trial that his open-mindedness, his impartiality and his fairness are manifest to all those who are concerned in the trial and its outcome, especially the accused (see, for example, S v Wood 1964 (3) SA 103 (O) at 105G; Rondalia Versekeringskorporasie van SA Bpk v Lira 1971 (2) SA 586 (A) at 589G; Solomon and Anor NNO v De Waal 1972 (1) SA 575 (A) at 580H). The judge should consequently refrain from questioning any witness or the accused in such a way that, because of its frequency, length, timing, form, tone, contents or otherwise conveys or is likely to convey the opposite impression (cf Greenfield Manufacturers (Temba) (Pty) Ltd v Royton Electrical Engineering (Pty) Ltd 1976 (2) SA 565 (A) at 570E-F; Jones v National Coal Board (1957) 2 All ER 155 (CA) at 159F). (2) A judge should also refrain from indulging in questioning witnesses or the accused in such a way or to such an extent that it may preclude him from detachedly or objectively appreciating and adjudicating upon the issues being fought out before him by the litigants. As LORD GREENE MR observed in Yull v Yull (1945) 1 All ER 183 (CA) AT 189B, if he does indulge in such questioning“He, so to speak, descends into the arena and is liable to have his vision clouded by the dust of the conflict. Unconsciously he deprives himself of the advantage of calm and dispassionate observation.” (See, too, the Jones case (supra) at 159C-E). Or, as expressed by WESSELS JA in Hamman v Moolman 1968 (4) SA 340 (A) at 344E, the Judge may thereby deny himself“The full advantage usually enjoyed by the trial judge who, as the person holding the scale between the contending parties, is able to determine objectively and dispassionately, from his position of relative detachment, the way the balance tilts.” The quality of his views on the issues in the case, including those relating to the demeanour or credibility of the witnesses or the accused or the relative probabilities, may in consequence be seriously impaired(see eg, R v Roopsingh 1956 (4) SA 509 (A) at 514-5). And, if he is sitting with assessors, that may well adversely influence their deliberations and opinions on those issues. (3) A judge should also refrain from questioning a witness or the accused in such a way that may intimidate or disconcert him or unduly influence the quality or nature of his replies and thus affect his demeanour or impair his credibility. As LORD GREENE MR further observed in Yull’s case supra at 189B-C: