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- 5 Marks
Question
Kwayo Mansa is the Managing Director of Tikitaka Plc. He was linked to a private company called Daakye Ltd of which he had been a major shareholder. Tikitaka Plc decided to undertake procurement for the supply of ICT goods. Daakye Ltd bid for the supply of the goods among other bidders. Kwayo Mansa sat in the evaluation of the bids as the entity head. Kwayo Mansa ensured that the contract for the supply of the ICT goods was awarded to Daakye Ltd.
Required: Explain the conduct of Kwayo Mansa within the maxims/rules of natural justice. (5 marks)
Answer
The applicable rule in the context of the maxims of natural justice is the rule that Nemo judex in causa sua, namely that no man shall be a judge in a matter of which he has an interest. Kwayo Mansa was an entity head of his employer who presided over the bid and ensured that the contract went to his company. His conduct within the rule of Nemo judex in causa amounted to a conflict of interest. He, therefore, presided over a matter of which he had a bias. No wonder he did nothing otherwise than influence the award of the contract to Daakye Ltd. He could have excused himself on that particular award. (5 marks)
- Tags: Company Law, Conflict of Interest, Natural Justice
- Level: Level 1
- Topic: Company directors and other officers
- Series: NOV 2023
- Uploader: Dotse