Section 201: Statutory powers – Exercise – Quasi-judicial powers – Opportunity to
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
201. Statutory powers – Exercise – Quasi-judicial powers – Opportunity to
be heard—The appellant was removed by a decision of the Board of Waqf
Commissioners from his office of co-mutawalli of the Hajee Amode Atchia
(Major Atchia) Waqf-ul-Aulad. He appealed from the decision of the Board to
the District Court of Port Louis which dismissed the appeal. On appeal to the
Supreme Court on the ground inter alia, that he had not had a fair trial at the
hands of the Board by reason of the procedure followed by them.
HELD dismissing the appeal, a power conferred by statute to remove a
person from his office or employment for lawful cause is implicitly subject to
the condition that such power shall be exercisable only after a due hearing,
or after an opportunity of being heard has been given to the person proposed
to be removed, and upon a careful review of all the facts and circumstances,
it did not appear that the appellant had not been given an opportunity of being heard and defending himself. Atchia v Board of Waqf Commissioners
(1954).