In civil proceedings, foundational legal principles still apply. "Fraus est nullo modo fundatio actionis" (Fraud is in no way the foundation of a cause of action) makes clear that no civil claim can lawfully proceed if it is based on falsehoods, misrepresentation, or deceit. A tribunal cannot rely on or permit an action that is tainted by fraud, as doing so would violate the most basic tenets of legal process.
Similarly, "Ex turpi causa non oritur actio" (From a dishonorable cause, no action arises) reflects that a party with "unclean hands"—that is, one who has acted unethically—cannot seek to benefit from legal proceedings arising from their own wrongdoing.
Although this is not a criminal proceeding, these principles are no less relevant. Civil tribunals, including the HCCC, are equally bound by the rule of law, and must not entertain proceedings where there is no lawful foundation for action, or where the process itself risks becoming an instrument of injustice.
Would the tribunal be willing to set aside these enduring legal maxims in order to make an adverse finding against me? Would the HCCC proceed in breach of these principles, despite their central role in maintaining the integrity of any fair and lawful process—even in civil matters?
Furthermore, it must be noted that emergency powers have been invoked in my matter where no actual emergency existed. Emergency measures are exceptional by nature and are meant to apply only in circumstances of genuine and immediate necessity. Their use outside of such conditions amounts to a misuse of authority and a breach of procedural fairness. The legal maxim "Necessitas non habet legem" (Necessity knows no law) has traditionally justified extraordinary action only when a true emergency exists. Its inverse is equally valid: where there is no necessity, extraordinary measures are legally indefensible. To retroactively justify my suspension through emergency provisions, without any substantiated emergency, is an act ultra vires, beyond lawful authority, and incompatible with both the rule of law and natural justice.
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