Roles of principles of natural justice in adiministrative tribunals

INTRODUCTION. This document contains the definition of key terms which are natural justice, principle of natural justice andadministrative tribunal, the origin natural justice and the roles of the principles of natural justice in the practice of administrative tribunals as well as the conclusion. DEFINITION OF KEY TERMS. Justice is fairness, moral rights, a scheme or a system of law in which every person receive his/her due from the system including all right both natural and legal. The term ―Principles of Natural Justice‖ (PNJ), derived from the expression “Jus Natural” of the Roman law, does not have force of law as they may or may not form part of statute but they are necessarily to be followed. Natural justice in other word “Duty of act fairly” in English law N.J is technically term for the rule against bias (nemoiudex in causasua, or “no man judge in his own cause”) and the right of fair hearing (anti alterampartem, or “hear the other-side”). It is also known as substantial Justice, Fundamental Justice, Universal Justice or Fair play in action. Principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. PRINCIPLES OF NATURAL JUSTICE According to the English lawprinciples of natural justice are divided into two main principles which are as follow; 3.1 Nemo debet esse judex in propria causa No man shall be a judge in his own cause, or the deciding authority must be impartial and without bias. It is also called as the ‘doctrine of bias’ as the judge may have a prejudice in the case. It has been pithily put by Sir Edward Coke, namely, Vacate, Interrogate and Judicatethat is call, question, and adjudicates. However, this concept has undergone lot of changes in recent times, but fundamental still stands the same. 3.2 Audi Alteram Partem Hear the other side or both the sides must be heard or no man should be condemned unheard. In other words, No person accused of any charge or likely to suffer any civil consequences, must be adjudged unless and until he is aware of the proceedings together with a notice thereon and an opportunity to present his case fully. There must be fairness on the part of the deciding authority. ADMINISTRATIVE TRIBUNALS Administrative tribunals are specialized governmental agencies established to implement legislative policies. Administrative tribunal resolve disputes between the citizen and an officer of the government agency or between individual in an area of law in which the government has legislated the conduct of their relations. Some of reasons for the creation of administrative tribunals are inadequate of judicial to settle disputes between private citizen and central government department such as claims to social security benefits. The existence of dispute which require the application of knowledge or expertise such as the assessment of compensation. For example, in Tanzania administrative tribunal are classified into two major components which are statutory authority and statutory tribunals, statutory tribunals are like military tribunal, tax revenue applies tribunal, fair competition tribunal, district land and housing tribunal and the ward tribunal and statutory authority are like labor officers and minister for labor in certain circumstances have statutory power to entertain and make decisions on labor disputes between an employer and employee among others. ROLES OF PRINCIPLES OF NATURAL JUSTICE. The following are the roles of the principles of natural justice in the practice of administrative tribunals; Maintenance public confidence in the legal system. It is easy enough to show that the law in the country is concern to maintain confidence in the legal system of the whole community. This is because the legal system needs something other than force of the state to carry out their tasks authoritatively. Part of the legal system authority rest up on the public confidence and judiciary. This is seen in the case felix joseph mavika against Dar es salaam city commission national high court 23 October 2001 ref no civil case no 316 07 2000 language English. Subject : environment , the applicant in this case sort for an interim order to restrain the respondents, the Dar es salaam city commission and Ilala municipal commission from dumpling solid and liquid waste in a particular area because of the pollution of the environment as well as endangering the lives of applicants the court now concluded that the applicants have a standing and the cause of action for the health and interest of the public therefore it ruled out in favor of the applicants, it is from this context that the populace build the trust toward the legal system. Saeed (2010). Promotion of individual liberty and freedom. Thiscan be achieved through the right of fair hearing.Any administrative tribunal cannot function out of principles of natural justice so as to ensure freedom and liberty of individual are well concerned in solving administrative disputes. Administrative tribunal like boards, committee formulated for the aim of regulating administrative disputes and they put much emphasize on fair hearing. For example, (Gerry,1989).Maneka Gandhi Vs Union of India in 1978 case No 621,ithe petitioner was received a letter from Regional passport officer Delhi to surrender her passport within 7 days with no reasons, but Maneka filed a writ of petition to the high court to appeal a chance of hearing to why her passport was impounded by the regional passport officer. The high court interpreted that article No 21(personal liberty) of the constitution of India was violated as well as article No 19 (freedom of speech) case was prosecuted by Hameedullah(CJ). They build a fair administrative procedures and process. With respect to the right of hearing so as to be judged accordingly and fairly, for example the principle of rule against bias ( nemo debet esse judex in propria causa) and (audi alteram partem) which means no one should be condemned unheard or rule of fair hearing. It develop administrative tribunals by removing bias, could either be personal bias, pecuniary bias or subjective matter bias. Since the administrative tribunals are guided with natural justice principles, the procedures and process as well as the issue of decision making in proceeding will be controlled in fairways without ruling-out in favor of either party, the principles of natural justice are the main scope of duty (Matthew, 2009). They promote accountability and good governance. By protecting those affected against arbitrary exercise of power by ensuring fair play, the principle of natural justice ensure that the administrative decisions are made within a fair ground and the decisionmakers act or proved decisions according to what the law says, without abusing their power. Also they ensure that the authority or administrative decisions do not infringe the rights and freedom of any individual who takes one part of the case. The decisions are provided according to the one’s conduct, which is a wrong doer will be penalized or punished without looking on his or her personality or status. This was seen on the scandal of Basil Mramba and Daniel Yonah who were former Ministers of finance when prosecutorial and investigative agencies found them guilty of abusing the public office and one count of occasioning loss to the government approximately 11.7 million, the duo committed the offence between 2002 and 2007 at their respective offices whereby in the recent past were sentenced for three year in jail. As a result has enhanced the accountability and transparency to other civil and public servants Brennan J, (1997). They promote impartial and unbiased decisions. The principles of natural justice serve as a hedge against any blatant discrimination against rights of individuals; they are intended to prevent such authority from doing injustice and unfair decision.The principle of natural justice applied not only to the legislation of state action but also applied where any tribunal, authority or body of person for the aim of ensuring rights are not violated during judgment. So the principle of natural justice requires deciding such a matter fairly and impartially. Also administrative tribunal to some extent plays part like court as it cannot act beyond the limit of the parent law. Ensuring the human right are concerned every decision made by tribunal must follow the principle of natural justice which based on fairness.In that circumstance no right of any person will be violated in administrative tribunals. Decisions made mostly are fair since are conducted by the expertise or trained people of a particular profession or carrier. Example hospital and medical body regulate the methods and practice of the doctors without violating their rights Mason (1985).example Dr, Bonhara’s case No 40,in this case doctor Bonhara of Cambridge university was fined by the college of physicians for practicing in the city of London without the license of the collage. The statute under which the collage acted provided that the fines should go half to the king and half to the college. The claim was disallowed by Coke,C.J as the collage had a financial interest in its own judgment and was a judge in its own cause. They create reasonable faith and providence. Citizens believe that any person makes any administrative decision has sufficient expert and knowledge to understand the issues before them;this is manifested on the case which was litigated by Festo Balegele at high court of Tanzania Reference No Misc civil cause No 90 of 1990 language English subject Land & soil ,air atmosphere weste& hazardous substances. Where by the applicant seek the interim to prohibit the respondent from continuing the use of kunduchi mtongoni as refuse dumping site by Dar es Salaam (DSM) city council, there after the court ruled out against Dar es Salaam city council ultimately the city council was stopped and order by the court to remove all rubbishes all over the area of MrFestoBalegele. So this is to say natural justice plays a significance or substantial role of embolden the general populace as a result of its unbiased and impartial ruling. They promote rule of law. Rule of law is the legal principle that law should govern a nation, as opposed to being govern by arbitrary decisions of an individual government officials.Rule of law also is the supremacy of law and equality before the law.Following the presence of principles of natural justice like fair hearing and openness necessitate the administrative tribunal to adhere to the observation of rule of law in its practice of running different cases (Dicey, 1885).example in 1970 in Metropolitan Life Insurance C.o. Vs International Union of Operating Engineers local 796, the supreme court quashed a labor relations boards decisions to grant certification despite the presence of a strong private clause. The case was described as “the high water mark” of activist review in Canada. As justice Cory would later remark, its approved the definition of jurisdictional error that was so broad as to include any question involving the interpretation of a statute. The goal was to ensure that administrative tribunal’s cooperative thing the principles that define the rule of law. Not arbitrary, not capriciously, not unreasonably, fairly and accordance with the law. They createstable foundation of legal representation. Principles of natural justice provide parent frame work of legal representation on how the administrative tribunal has to represent the guilty people in their cases for fair and clear representation in cases decisions.The prosecutions of cases which are resolved by administrative tribunal need a certain skills which necessitate some individuals to give the tribunal authority to represent their cases.The representation should be legal representation following the statutory scheme toneed the representatives to follow fair and stable legal representation of cases.In the practice of administrative tribunal prosecution and legal representation are guided by the principles of natural justice, for example Industrial tribunal in India represents and prosecute industrial cases legally and fairly, (Manohar, 2007) spoke about the principles of natural justice in his speech at a programme for the orientation and training of new members,Income Tax Appellate Tribunal, Mumbai in India, he requested the Tax Appellate Tribunal to have stable legal representatives. CONCLUSION As natural justice is seen of the essence and paramount therefore it should be strengthen to the extent which will hence forward continue ensuring impartial fair and unbiased ruling for the betterment and benefits of all people at large. The principles of natural justice are considered to be more important to ensure justice to common people. Hence, it is essential to understand its scope and extent and implications for purpose of domestic enquiry since we come across new cases everyday but basic structure about the machinery entrusted with the task of hold departmental enquiry and coming to a decision remains the same. REFERENCES Allan, T (1998). Procedural fairness and the duty of respect. New York:Oxford University press. David, R & Brierely, J (1985) Major Legal Systems in the world today. London: Routledge press. Maher, G (1986). Natural justice as fairness. Oxford: Clarendon press. Mohar, S(2007), Principles of natural justice [speech at aprogramme for the orientation and training of new members, Income Tax Appellate Tribunal, Mumbai, India]. Wade and Forsyth (2000) administrative Law, 8th ed. Oxford university press (**Law KD 4879. W3)