Browsing by Author "Nyalugwe, Joseph"

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    The application of principles of natural justice in determining students’ cases: evidence from the University of Dar es salaam
    (University of Dar es Salaam, 2013) Nyalugwe, Joseph
    The compliance to principles of natural justice in administrative actions and conducts in decision making has become an interesting area of study. This is due to the fact that, there is a great emphasis on human rights and good governance. This study examines the factors which inform administrators at the University of Dar es Salaam (UDSM) on adherence to the principles of natural justice when it came to the issue of determining students’ cases. The concept of principles of natural justice is essentially premised on three major maxims i.e. “Nemo Judex in Causa Sua”, meaning that no one can be a judge in his own case. The second rule being, “Audit alteram Parterm”, meaning hear the other party. The last principle is "Nullum arbitrium sine rationibus”which entails, the rights to know or give reasons for the decision. This study was carried out entirely at the University of Dar es Salaam (On Mwl. Nyerere Campus). In order to achieve the desired results, numerous court cases between the UDSM administration and students were analysed in light of the principles of natural justice. The study findings revealed that, the UDSM administration as a quasi-judicial organ, to a certain extent, has violated principles of natural justice in determining students’ cases. Specific areas of such violations include failing to hear both parties; presence of elements of bias in decisions made; suspending and expelling students (among other conducts) without giving reasons to the arraigned students. Finally, the study calls for further research, in this area, to influence administrators to comply with principles of natural justice in exercising quasi-judicial powers in higher learning institutions in Tanzania.