By Evarist Baimu Nyaga Mawalla - Home

qualifications is entrusted to the judges of these lands. It is a great task. Itrust that they will not fail therein.Some people may argue that varying the common law in the manner Ihave indicated would result in placing more burden on the already busydecision – makers. This is an attractive argument, but I think Geoffrey A.Flick’s counter-argument in his book cited supra, outweighs that argument.At p. 89 the learned author states:At least two arguments have been advanced against the giving of reasonswould impose additional administrative bidden and might well be an unduedrain on the resources of an agency Such burdens may even result in thegiving of canned reasons. Second reason may hinder the manner in whicha discretion is exercised and it may be thought that the exercise of somediscretion should be unreviewable by the courts But consideration ofadministrative expediency should not mitigate principles of fairness andfew, if any discretion should be unreviewableIn my considered opinion it is a matter beyond rational controversy that toborrow the language of the learned author in the book just citedfundamental requirement of fair play requires that6 parties should now atthe end of the day why a particular decision has been taken I think it isintolerable in a democratic society that the law should allow a decisionmaker to whom an appeal or reference is made to make his decisionwithout giving reasons why he has reached that decision The giving ofreasons said Lord Denning M.R in Breen’s case supra (at p.191) is one of402