By Evarist Baimu Nyaga Mawalla - Home

examination papers to NBAA for moderation. The applicant was one of thestudents who was interviewed by the probe committee.At the conclusion of the investigations the probe committee stated, in sum , that itprofoundly suspected one Chandrasekharan, a moderator with NBAA, and oneMashenene, a co-ordinator with the Institute, to be the source of the leak. Itopined that either of the two had surreptitiously given one Angela Mpanduji (whowas a candidate the examination papers and that the said Angela had in turn, inthe words of the committee, constituted themselves as distribution agents andmade them available to other candidates in consideration of cash or kind.The first main question that arises is whether the Counci had authority toestablish the Executive Committee that set up the probe committee, and if theanswer be yes, whether the Executive Committee had competence to exercisesuch powers. By paragraph 10 of his affidavit the applicant contends that the IFMAct, 1972 does not provide for the creation of such a committee and that,therefore, the creation of the committee by the Council was an illegal exercise ofthe applicant has submitted that the only body that could have acted against theapplicant was the Student’s Disciplinary Committee established under rule 37 ofthe IFM Student Rules set out in the IFM 1983/84 Prospectus. Against thatsubmission Miss Mjasiri of the Tanzania Legal corporation, counsel for therespondent Institute, replied that the Executive Committee had a legal status andthat under the IFM Act the Council enjoyed discretion to establish such a651