Bishi v Secretary for Education 1989 (2) ZLR 240 (HC)

Chidyausiku J:

The applicant, a teacher, had been found guilty by a disciplinary committee of misconduct in terms of the African Education Regulations 1975. Without the applicant being given an opportunity to say anything in mitigation of punishment, the committee recommended that he be dismissed from the Service, which recommendation was put into effect by the respondent. The absence of a provision in the Regulations requiring that he should be heard did not oust the audi alteram partem rule. Even if the regulations had expressly deprived persons of the opportunity to mitigate their punishment, such a provision would contravene 18(9) of the constitution, which confers on every person the right to a fair hearing.

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