Natural Justice Flashcards
What is Natural Justice?
Natural Justice is a principle that construes the golden rule. It is a principle of fairness and justice and makes sure that those that are in power act fairly and justly in relation to decisions to people it directly affects.
What are the principles of natural justice
- Audi alterem partem: Hear the other side (Impartiality)
- Nemo judex in casua sua- Don’t be a judge in your own case (Fairness)
Section 36 (1)
Explain Audi alterem partem
It is a Latin expression that means “hear the other party”. It means to hear the other party or all the parties in a dispute before reaching a decision or judgement. It is a principle of natural justice that no one should be condemned unheard. In the case of Ridge v Baldwin “I find an unbroken line of authority to the effect that an officer cannot lawfully be dismissed without first telling him what is alleged against him and hearing his defense”
Explain Nemo judex in casua sua
Garba v University of Maiduguri
There was a riot in the school premises that was carried out by students in the University. In the process of the riot, cars were defaced and the Deputy Vice Chancellor was a victim. A panel was set up and the DVC was the Chairman of the investigating panel, and the students were expelled. The appellants then instituted an action and brought forth that they were not given a fair hearing on the ground that inter alia they were not given a fair hearing. The courts held that only courts of law could give judgement on criminal charges and it was out of the jurisdiction of the tribunal, and the DVC being a victim, him being the Chairman of the committee breached the rules of natural justice, specifically “Nemo judex in casua sua”
Dimes v Grand Junction Canal Co
In this case, the Lord chancellor of England who owned 90 percent shares in a canal company gave judgement in favor of the canal company in a suit between the plaintiff appellant and the company. The house of Lords set aside the decision holding that it was a breach of the principle of nemo judex in casua sua.
Alakija v Medical Disciplinary Committee
It was held that the final judgement of the tribunal would not hold and be squashed considering that the registrar stayed behind during the deliberation and therefore he was judge in his own case.
Cont’d
- You must know the judges of panel of judges
- You must know the full case against you
- You must be given reasonable time to prepare your defense
- You must be allowed to have access to a lawyer of your choice
- The circumstances of the parties should be taken into consideration.
