Audi Alteram Partem

Translated literally this means "hear the other side or case"." The audi alterarn partem rule is an ancient rule that has existed since the dawn of time.'' The cardinal principle that no man is to be judged without being heard was known to the Greeks, as can be gleaned from old inscribed-upon images in places where justice was administered.13 The application of the audi alteram partern rule, as is the case with many other concepts, has been eclectic,14 but it developed certain nuances in the decisions of the civil courts. The rule entails four principles. Firstly, a party to an administrative enquiry must be afforded an opportunity to state his or her case before a decision is reached, if such a decision is likely to affect his or her rights or legitimate expectations. Secondly, prejudicial facts must be communicated to the person who may be affected by the administrative decision, in order to enable him or her to rebut such facts. Thirdly, the rule also stipulates that the administrative tribunal which has taken the decision must give reasons for its decision.
Fourthly, the rule entails that the administrative organ exercising the discretion must be impartial. As a general rule it may be said that the principles of natural justice apply whenever an administrative act is
10 Craig Administrative Law 253.
11 Wiechers Administrative Law 21 0.
12 Tladi The audi alteram partem rule in administrative law 1 ; Schwartz Administrative
Law 202; Wade Administrative Law 444-446.
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