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RULE AND NATURAL JUSTICE (RNJ) - Coggle Diagram
RULE AND NATURAL JUSTICE
(RNJ)
Definition / Introduction
The principles of Natural Justice is a procedural safeguard against improper exercise of power by a public body. It also minimum standard required by law for administration to fulfil before making their decisions.
Its concerns with giving the affected person the right to defence himself and is a kind of judicial review by superior court on the decisions made by the administration.
Grounds
Right to be heard / Audi alteram partem
(no one is to be condemned unheard)
Notice
Inadequate Charge
A charge is important for the accused to know the case made against him/her, otherwise he/she is unable to prepare his/her defense and this can lead to an invalid decision made by the administrator
It must be complete and adequate. The accused must be informed of all charges made against him/her
R v Paddington & St. Marylebone Rent Tribunal (1949)
There was a hearing in a rent tribunal concerning fixation of rent between a landlord and his tenants. The rent tribunal reduced the rent on the ground that the ceilings of the flats were too low and not up to the modern standards.
The court revoked the decision of the rent tribunal because the landlord was not told of the ceilings issue before the hearing and the matter did not arise at any stage of the proceedings making the landlord unable to answer any questions relating to that matter.
Insufficient Time
The accused has right to have a right to have a sufficient time in order to prepare his/her defence and answer the case during a hearing.
The decision made by panel of hearing may be invalid as it infringes the principal of natural justice if the accused is given insufficient time.
Phang Moh Shin v. Commissioner of Police (1967)
The plaintiff was accused of corruption. He was informed of the charge against him just before the hearing commenced. The plaintiff requested for postponement to prepare his defence but was rejected.
The court held that the dismissal was invalid on the ground of insufficient notice given to him of the charge made against him.
Hearing
Disclosure of all information
All information, evidence or materials to be used in a hearing by the panel must be disclosed to the accused.
There must not be any element of surprise in the hearing.
Subry Hamid v. Husaini (2006)
The plaintiff, a Lance Corporal in the Royal Malaysia Police Force appealed to the court of Appeal for dismissal due to misconduct.
He contended that he did not know the disciplinary committee was taking his past record when making decision.
Acceptance of evidence / witness
Any evidence and materials produced by the accused must be accepted by the panel of hearing.
Malayawata Steel Bhd v Union of Malayawata Steel Workers (1978)
The plaintiff has challenged the decision of the Industrial Court which decided without giving the opportunity to the plaintiff to bring to bring essential witness.
The court held that the Industrial Court denied the plaintiff’s right to be heard reasonably by not accepting their evidence.
Cross examining the witness
The authority should give the party concerned an opportunity to rebut the material against him by cross examining the administrator's witness.
Ceylon University v Fernando (1960)
The respondent challenged the University's decision against him contending that he was not given the opportunity to cross examine any witness who testified against him.
The court held that he could not propose as such because he did not ask from the University to cross examine the witnesses.
The fact that the University failed to tender the witnesses unasked could not be regarded as a breach of natural justice.
Representation
by a counsel / lawyer
An accused must be given a right to be represented by his lawyer to rebut the material against him particularly if it involves serious matter.
Esso Malaysia Corporation Inc v Aladdin Mohd Hashim (2000)
The appellant appeal against the decision of the High Court that decided in favour of the respondent who challenged the refusal of the Industrial Court to give him the opportunity of being legally represented.
The Court of Appeal held that the decision was correct as the right to be represented was necessary in this case since it could help the respondent to redeem his reputation.
Reasons to the decision
made by the public authorities
Lord Denning emphasized that the giving of reasons is one of the fundamentals of good administration.
The concept of natural justice however, has not yet been extended to comprise a reasoned decision. They are not bound or mandatory to give reason.
Pemungut Hasil Tanah Daerah Barat Daya Pulau Pinang v Kam Gin Paik (1983)
The Federal Court ruled that in land acquisition cases, the collector is not required to give reasons for the award compensation made by him for the land acquired.
Rules against bias / Nemo judex in causa sua
(no one may be a judge in his own cause)
Personal Bias
Personal bias happens when one of the panel of hearing has either positive or negative relationship with the person being tried either as a relatives, friends, enemy and so on.
To determine, whether there is personal bias or not, the test to apply is whether there is a likelihood of bias and this is ascertained with reference to the right-minded person.
Metropolitan Properties Co. v Lannon (1968)
Tenants of a flat applied for a reduction of rent the application was considered by a Civil Committee whose chairman was the son of one of the tenants. The decision was challenged when the rent was reduced as having personal bias.
The court held that there was a real likelihood of bias on the part od decision maker.