Understanding Natural Justice

• Natural justice refers to basic principles ensuring fair treatment, equality, and impartiality within legal and administrative decisions.
• Natural justice is an essential concept in administrative law.

Application of Natural Justice

• The principle of natural justice applies in various areas where fairness is crucial, including;
• In judicial proceedings at courts, the principle of natural justice ensures all parties receive fair trials, possess rights to present evidence, and are judged impartially
• When government makes decisions affecting people’s rights like granting/revoking licenses or imposing penalties, natural justice applies.
• Natural justice applies to educational institutions when dealing with student complaints or disciplinary cases, ensuring fair treatment.

Objectives of Natural Justice

• Securing or rendering justice is an objective
• Ensuring everyone affected by a decision has equal opportunity to be heard, present their case, defend themselves, and respond to evidence/accusations
• Preventing bias by ensuring decision-makers are neutral, without personal interest or conflict of interest in the matter

Principles of Natural Justice

• Three principles of natural justice exist
• Rule against bias or "Nemo Judex in Causa Sua"
• "Audi Alteram Partem" (Right to Fair Hearing)
• Reasoned Decision or Speaking Orders

Rule Against Bias

• The rule of bias means "no one should be a judge in their own cause".
• Decisions should be made fairly, without favoritism or prejudice.
• An authority, such as a judge, officials or panel member assigned to a case, should be neutral without any personal interest/connection to the case that could affect judgements, which helps ensure impartiality and a fair chance for everyone.

Types of Bias

• Pecuniary bias arises when a decision-maker has a financial stake/monetary interest in the outcome.
  • Ex: A judge presiding over a case involving a company in which they hold shares experiences pecuniary bias.
• Personal bias arises when a decision-maker has a close connection with someone involved in a case via blood, marriage, friendship, or business ties, allowing subjective feelings, preferences, or beliefs to influence their judgement.
  • Ex: Workplace bias occurs when a manager favors an employee for promotion because they share similar hobbies or come from the same background rather than impartially considering candidate qualifications.
• Official or departmental bias arises when administrative authorities unfairly favor the interests of their department or organization instead of being neutral, and it usually goes to quasi-judicial bodies (administrative tribunals).
  • Ex: The Ministry of Public Works focusing on improving infrastructure may prioritize these projects over local residents' concerns and negatively impact their lives, leading to bias.

Audi Alteram Partem

• Audi Alteram Partem is a Latin phrase that translates to "hear the other side".
• This principle requires all parties involved in a dispute or legal matter to have the opportunity to be heard and present their case before a decision is made.
• The principle is based on the belief that a fair decision can be achieved only if all sides of an argument are considered and given a chance to respond.

Elements of Audi Alteram Partem

• Notice is an important element; it provides individuals with the opportunity to respond and defend themselves
• Hearing is another important element; it ensures parties have the opportunity to present their case and be heard before a decision is made.
• Cross-examination lets a person challenge the evidence brought against them.
• Legal representation includes having a lawyer or legal expert to help present a party's case in court or before an authority.

Reasoned Decision or Speaking Orders

• This principle mandates that authorities provide an explanation for their rulings.
• An order without reasons can violate the rules of natural justice.
• Reasoned decision prevents arbitrary decision-making; it prevents decisions based on personal preferences, emotions, or hidden motives.
• Reasoned decision enables parties to understand the basis of the decision
• Reasoned decision provides a clear written explanation that helps the affected parties know why the decision was made.
• Reasoned decision promotes accountability and transparency; when authorities give clear explanations for their decisions, it builds public trust in the legal system.
• Reasoned decision ensures the ability of a court or higher authority to examine and assess a decision made by an administrative authority to ensure that it was made fairly and legally.

Conclusion

• Principles of natural justice form the foundation of fairness in legal and administrative decisions, preventing arbitrary actions and upholding justice.
• Courts have reinforced the importance of these rules, emphasizing that fairness should be applied flexibly, based on circumstances of each case.