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By Evarist Baimu Nyaga Mawalla - Home

By Evarist Baimu Nyaga Mawalla - Home

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committee. With regard to the IFM Student Rules, it was her argument that thoserules did not apply to academic matters.As indicated, the Institute was established by an Act of Parliament ie. Act No.3 of1972. The objects and functions are to be found in section $. <strong>By</strong> section 6(1) theCouncil is the body vested with the governance and control on the part of theadministrative body and the right to a fair hearing for those who are immediatelyaffected by its decision. And it is common ground that this court has discretion tointervene and award appropriate reliefs where the rules of natural justice havenot been observed.Quite clearly, and again it is common ground, the probe committee wasinvestigating an enormous matter and the authorities must have apprehendedthat the effect of its finding was bound to have substantial adverse impact andconsequences on the interests of certain individuals. The applicant is certainlyone of the people who have been detrimentally affected by the findings of theprobe committee. That is patently evident from the severity of the penalties thatwere eventually handed out to him by the Executive Committee and by hisemployer. I hold the view that the applicant, whose rights and legitimateexpectations stood to be so adversely affected by the inquiry had the right tohave an adequate opportunity of knowing the case he had to meet, of answeringit, of putting forward his own case, and of being fairly and impartially treated. Inother words, he had the right, first, of being sufficiently appraised of theparticulars of the prejudicial allegations that were to be made or had been made652

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