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By Evarist Baimu Nyaga Mawalla - Home

By Evarist Baimu Nyaga Mawalla - Home

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commissioner to give reasons for their decisions made under s.26 of the Act.According to the learned Senior state Attorney, instead of bringing the presentapplication the applicant should have sought from the commissioner reasonsfor his decision. Mr. Mwidunda urged me to dismiss the applicationWhat is the law on this matter? There is under the common law, no generalrequirement that public authorities should give reasons for their decision: seeBreen v Amalgamated Engineering Union and others [1971] 1 Q.B 175, 190, -191,Rv – Gaming Board for Great Britain ex.p. Benaim and Khaida [1981] 1W.L.R. In former case LORD DENNING M..R. posed and proceeded toanswer the question whether a statutory or domestic body is bound in law togive reasons for its decision. He said, at pp. 190 –191: ought such a body,statutory or domestic, to give reasons for its decision maker to give reasonsfor his decision has been criticized by professor H.W.R wade in his bookAdministrative law 6 th ed (low-priced edition), at p. 548 where he states asfollows:Unless the citizen can discover the reasoning behind the decision,he mat be unable to tell whether it is review able or not, and so hemay be deprived of the protection of the law. A right to reasons istherefore an indispensable part of asound system of judicialreview. Natural justice may provide the best rubric for it since thgiving of reasons is required by the ordinary man’s sense of justice.It is also a healthy discipline for all who exercise power over others.No single factor has inhibited the development of English398

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