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Administrative law: " review " grounds for " procedural fairness " audi c alteram partem rule " disciplinary authority refusing to supply record of proceedings to person appealing against authority's decision " gross irregularity
A police constable was convicted of disciplinary offences by a board of inquiry. His request to be provided with a record of the proceedings by the police authorities to enable him to appeal was refused.
Held, that in terms of s 35(1) of the Police Act [Chapter 11:10] the proceedings of the board of inquiry were required to be as close as possible to those in the magistrates court. The denial of the record violated the section and amounted to a gross irregularity.
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