By Evarist Baimu Nyaga Mawalla - Home

egulation 10 as read with S. 55 (1) of the National Education Act, 1978 (the Act).The sub-Section reads:“55. – (1) For the purposes of hearing appeals , an appeals board maya) hear, receive and examine evidence’b) summon any person to attend any hearing of the Appeals Board to giveevidence or to produce any document or other thing in his possession, toexamine him as a witness or require him to produce any document orother thing in his possession, subject to all just exceptions;c) Order an inspection of any premises used for a school.d) Enter and view any premises used for a school.”I have no doubt that Mr. Shio was perfectly right when he said that theregulations do not contain any provisions which require the Board to afford astudent an opportunity to defend himself. But in my opinion that silence in theRegulations does not by itself mean that the Board is not bound to comply withthe principles of natural justice when considering serious accusations against astudent. It mya be useful to quote in extensor here what SIR KENNETHO’CONNOR, P., whose judgment the other two members of the Court SIRALASTAIR FORBES, V.P., and GOULD, J.A., concurred with, said in HypoliteCassiano De Souza v Chariman and Members of the Tanga Town Council(1961)605