ADMINISTRATIVE

AUTHORITIES
NOTES

Edgar
Kabahizi

[email protected]

[email protected]
+256774754428
 Introduction
Administration and Administrative Authorities
 Administration is part of our day to day lives and the fountain of most
happenings in this century.
 It is the day to day governance of entities
 Given its central nature, interest in use of Administrative Authority is
paramount as it may occasion human rights related consequences.
 Administrative authorities are vested with powers. These powers are of
distinct functions and do occasion distinct consequences have increased in
powers and functions of the administrative.
 This occasions a requirement for regulation, controls, precautions borne
through process and procedural fairness, judicial review and remedies to
those affected by the administrative authorities in execution of their
functions.
 Law of administration
What is Administrative Law?

-It is law dealing with the establishment, duties, and powers of and
available remedies against authorized agencies in the executive
branch of the government.

-Administrative law is the body of law that governs the

administration and regulation of government agencies. It envisions
the procedures under which government agencies operate, as well
as the external constraints upon them.
 Form & Nature of Administrative Law
 It envisions issues inclined to composition, process and procedure,
rights, liabilities, powers and duties, of the various entities of
government which are tasked with policy formulation and
implementation.
 Its emphasis is also on procedures for formal judgment based on the
principles of Natural Justice, determines the nature and scope of the
powers deliberated to the government official by the specific
legislation.

 The concept of Administrative Law is founded on the following

principles:
 (i) Power is conferred on the administration by law
 (ii) No power is absolute or uncontrolled howsoever broad the
nature of the same might be.
 (iii) There should be reasonable restrictions on exercise of such
powers depending on the situation.
 ESSENCE of administrative law
 The following reflects the importance of administrative law:

-Regulates the operation of government and other agencies while

visiting powers on officials in a clear and regulated manner.

-It enables the creation of agencies and grants the same powers to
function for and on behalf of the government and its people.

-It aids the regulation of inter-relations between public bodies

themselves and, such bodies and the citizens.
 Constitutional basis of administrative
law
 Administrative law is envisaged under Articles 2,42,137 of the
Constitution of Uganda and other Articles providing foundation to
the existence of government entities.
 Article 2: Provides for the supremacy of the constitution. That it
shall have binding force on all authorities and persons throughout Uganda and
where a custom or law is inconsistent with the constitution, It shall prevail and that
other law or custom shall, to the extent of the inconsistency, be void.
 Article 42: provides for just and fair treatment of individuals in
administrative decisions. It provides inter alia that: Any person
appearing before any administrative official or body has a right to be treated justly
and fairly and shall have a right to apply to a court of law in respect of any
administrative decision taken against him or her.
 Article 137- This provides remedy in matters of constitutional
interpretation and the same are determined by the Court of Appeal
sitting as the constitutional court. The constitutional court considers the matter
and grants redress in the form of an order of redress or refer the matter to the High Court for it
to investigate and determine the appropriate redress.
 Separation of powers
 Structure of government divided into three arms i.e. Executive,
Legislature, and Judiciary.
 According to the modern day philosopher, Montesquieu In every
government there three types of powers: the legislative, the
executive and the judiciary. A similar position was earlier given by
John Locke in 1690 when he stated, “it may be too great a
temptation to human frailty, apt to grasp at power, for the same
persons, who have the power of making laws, to have also in their
hands the power to execute them, whereby they may
exempt themselves from obedience to the laws they make, and suit
the law, both in its making, and execution, to their own private
advantage”

 Ideally the positions taken by the philosophers deduce that no

organ of government should exercise the functions of the other that
is the judiciary should not exercise the functions of the legislature
or
 executive mutatis mutandis, no organ should be in position to
control the other most especially the executive controlling the
legislature and judiciary and that persons or agencies in one organ
should not be permitted to hold posts in another.
 This doctrine in its extreme nature is just not only unrealistic but
also undesirable and would easily cause stagnation in the flow of
government business because of the rigidity of the doctrine.
 A more practical approach to this doctrine is applying a system of
checks and balances whereby each organ operates with the consent
of the other two and the consent ought to be spontaneous not
coerced
 Class: To discuss instances of checks between the
different arms of government. E.g. Military officials
being MPs. Ministers being MPs
 Motivation

I ran the race…….I did not give up, I

made it!!!!!
 Rule of law
 This is a principle of governance that envisages the fact that all
persons, institutions and entities, public and private, including the State
itself, MUST be accountable to laws that are existing and or
promulgated.
 -That they are equally enforced and independently adjudicated, and are
consistent with international human rights norms and standards.
 According to Dicey Rule of law means equality before the law or equal
subjection of all classes to the ordinary law of the land.
 Lord Bingham in ‘The Rule of Law’ (2007) 66 CLJ 67, 69 argued that
‘The core of the existing principle is … that all persons and authorities
within the state, whether public or private, should be bound by and
entitled to the benefit of laws publicly and prospectively promulgated
and publicly administered in the courts’.
 Lord Bingham subsequently set 8 sub-rules for ROL :
 1.Law should be accessible, clear and predictable;
 2. Questions of legal right and liability should be decided by
application of the law;
 3. The law of the land should apply equally to all, except when
objective difference requires differentiation;
 4. Public officials should exercise their powers in good faith, and
not exceed their powers;
 5. The law must protect fundamental rights;
 6. A method should be provided, at reasonable cost, to resolve
disputes;
 7. Adjudicative procedures must be provided by the state should be
fair;
 8. The rule of law requires the state to comply with its obligations
in international law.
 The Constitution and ROL
 ROL is envisaged Under Article 2 of Constitution: Provides for the
supremacy of the constitution.
 That the Constitution is the supreme law of Uganda.
 That it shall have binding force on all authorities and persons
throughout Uganda and where a custom or law is inconsistent with
the constitution, It shall prevail and that other law or custom shall,
to the extent of the inconsistency, be void
 Interpretation/Input of the provision:
 That the Law as embedded in the constitution must always prevail
 Everything must be done according to law. In essence, a
government authority or employee must always justify action with
legal backing.
 Judicial understanding of the rule of law

 Courts have interpreted ROL the rule of law through a selection of

cases that have examined the legality, the irrationality or the
procedural impropriety of the actions of the executive or public
bodies.
 The main principles of the rule of law, along with judicial
interpretation are considered here-under.[CLASS TO INCLUDE CASES]
 i. No one must be punished by the state except for a breach of the law
 ii Government under law; equality before the law: M v Home Office
and another [1994] 1 AC 337 HL, the principle that the executive is subject to full

judicial oversight was upheld. In R v Mullen [2000] QB 520, it was confirmed that
whatever the crime an appellant is accused of, it does not justify the state acting outside the law.

 iii Individuals’ rights are protected through the ordinary law and the
ordinary court system: The process of judicial review allows an
individual to challenge a decision of the executive through the courts.
 In R (on the application of G) v IAT and another; R (on the
application of M) v IAT and another [2005] 2 All ER 165, the CA
found that an alternative statutory regime, although not as extensive as
judicial review, did provide access to judicial scrutiny and oversight of
judicial action. It was not found to be a breach the right to a fair trial.

iv Legal certainty and non-retrospectivity: The rule against the

retrospectivity of criminal law was upheld in the joint cases of R v

Rimmington; R v Goldstein [2006] 2 All ER 257, HL.

v Fair hearing by an independent judiciary

 In Matthews v Ministry of Defence [2003] 1 All ER 689, HL the HL
held that a section of a statute did not offend against the right to a
fair trial under Article 6 ECHR, because it did not bar the courts
from considering the case.
 In R (on the application of Anderson) v Secretary of State for the
Home Department [2002] 4 All ER 1089, HL the mandatory murder
tariff was left in the hands of the Home Secretary, but this was
subject to review by the courts as to whether the executive had
breached Article 6 in affording the tariff.
vi The rule of law and substantive judgments:
 Traditionally judicial review has been restricted to the legality,
rationality, and procedural propriety of the executive's action,
omission rather than the review of the content of its decision.
 CLAss to read:Dicey’s theory of ROL
 Summary
 According to Dicey, for there to be ROL, the following must be
met:
 (a) People should only be punished under the ordinary law, in
ordinary courts. No punishment unless prescribed by law.
Discretion of judges affects this to some degree
 (b) No-one is above the law. Yip Chiu-Cheung [1995] 1 AC 111 -
Y agreed with an undercover police officer to smuggle heroin into Australia. Although the
police officer had good motives he intended to commit a criminal offence. Y was therefore guilty
of conspiracy. Police officer was still committing a crime – nobody is above the law. Police
officer would not be prosecuted because the prosecutors have discretion. Dicey is afraid of
discretion which means that prosecutors and police officers must act rigid and meanly?
 (c) Judges protect our liberty through ordinary cases. R v
Horseferry Road Magistrates' Court, ex parte Bennett [1994] 1
AC 42, Lord Griffiths, pp. 61 – 62 “If the court is to have the power to interfere
with the prosecution … it must be because the judiciary accept a responsibility for the
maintenance of the rule of law that embraces a willingness to oversee executive action”.

TO CONSIDER…….
JudicialDiscretion & Rol
Presidential Discretion And Rol
Law Conflicting With International
Instuments
 MOTIVATION

JOSHUA 1: 9
HAVE I NOT COMMANDED YOU?
BE STRONG AND
COURAGEOUS.DO NOT BE
AFRAID, DON’T BE DISCORAGED
FOR THE LORD YOUR GOD WILL
BE WITH YOU WHEREVER YOU GO
 Government: preliminary matters

Principle II
 (iii) The State shall be guided by the principle of decentralisation
and devolution of governmental functions and powers to the people
at appropriate levels where they can best manage and direct their
own affairs.
 (iv) The composition of Government shall be broadly
representative of the national character and social diversity of the
country.
 Government
 DFNS: The system or group of people governing an
organized community, often a state.
 The group of people with the authority to govern a country or
state; a particular ministry in office.
 According to the Blacks Law Dictionary, government is the
structure of principles and rules determining how a state or
organization is regulated;
 It is the sovereign power in a nation or state.
 Read: Article 257 of the Constitution
 Understanding government
 Article 1 clause 3 of the Constitution of Uganda 1995: All power
and authority of Government and its organs derive from this
Constitution, which in turn derives its authority from the people
who consent to be governed in accordance with this Constitution.

 Article 98 Clause 1 of the Constitution: The President is head of

Government

 Composition: Executive is headed by the president and his

ministers(Chapter 7 of the Constitution), Legislature as headed
by the speaker of parliament and members of parliament
representing various constituencies(Chapter 8 of the
Constitution) and the Judiciary as headed by a chief
Justice(Chapter 6 of the Legislature ). The president remains the
overall head.
 Basic Structure of Government

THE CONSTITUTION OF THE REPUBLIC OF UGANDA

Legislature Executive Judiciary

Parliament President &Cabinet Supreme Court

Members of Prlmt Court of Appeal

Civil Service High Court

 Legislature

 It is established under Article 77 of the Constitution of Uganda

through sanctioning the formation of the parliament of Uganda.

 Every parliamentary house has the term of 5 years stipulated for its
existence from the date of its first sitting after a national general
election.

 According to Article 77 Clause 3 of the Constitution; Parliament

may, by resolution supported by not less than 2/3 of all members of
Parliament, extend the life of Parliament for a period not exceeding
six months at a time where a state of war exists or a state of
emergency which would prevent a normal general election from
being held.
 Composition of Parliament
 Composition is envisaged under Article 78 of the Constitution of
Uganda. The article interalia provides;

 Members elected on the basis of universal adult suffrage and by

secret ballot to represent constituencies to be elected.

 A woman representative for every district

 Such numbers of representatives of the army, youth, workers,

persons with disabilities and other groups as Parliament may
determine

 The Vice President and Ministers, who, if not already elected

members of Parliament, shall be ex officio members of Parliament
without the right to vote on any issue requiring a vote in Parliament.
 Role of Parliament
 Parliament’s role is embedded under Article 79 of the Constitution
and the same envisages the following:

 Power to make laws on any matter for the peace, order,

development and good governance of Uganda.

 Parliament is mandated to protect the Constitution and promote the

democratic governance of Uganda.
 Exercise of legislative powers –
article 91
 Power of Parliament to make laws shall be exercised through bills
passed by Parliament and assented to by the President.

 Class: Read and understand the procedure for passing a bill

 Retrospective legislation
Provisions related to retrospectively are embedded under Article 92
of the constitution: Parliament shall not pass any law to alter the
decision or judgment of any court as between the parties to the
decision or judgment.
 Parliamentary immunities and
Privileges
 Ref: Article 97
 No member or officer of Parliament and no person employed to
take minutes of evidence before Parliament or any committee of
Parliament shall give evidence elsewhere in respect of the contents
of such minutes of evidence or the contents of any document laid
before Parliament or any such committee, as the case may be, or in
respect of any proceedings or examination held before Parliament
or such committee, without the special leave of Parliament first

 Leave may, during a recess or adjournment of Parliament, be given

by the Speaker or in the absence or incapacity of the Speaker or
during a dissolution of Parliament, by the Clerk to Parliament.
 Read: Articles 41 and 93 of the constitution
 Dissolution of Parliament

Article 77 of the Constitution: provides that Parliament shall stand

dissolved upon the expiration of its term.
 Qualifications for member of
Parliament
 Article 80 of the constitution
 Is a citizen of Uganda

 Is a registered voter

 Completed a minimum formal education of Advanced

Level standard or its equivalent.
Disqualifying factors OF MEMBERS OF
PARLIAMENT
 Article 80 of the constitution.
 Unsound mind;
 Holding or acting in an office the functions of which
involve a responsibility for or in connection with the
conduct of an election;
 Traditional or cultural leader
 Adjudged or otherwise declared bankrupt and not
been discharged; or
 Under a sentence of death or a sentence of
imprisonment exceeding 9 months imposed by a
competent court without the option of a fine.
Election of members of Parliament
 Read on the election of members of Parliament Article 81 for the
constitution
 article 83: Vacation of office of
member of Parliament
 Resigns his or her office in writing signed by him or her and
addressed to the Speaker
 Circumstances arise that if that person were not a MP would cause
that person to be disqualified for election as a member of
Parliament under Article 80
 Upon dissolution of Parliament
 Absent from 15 sittings of Parliament without permission in writing
of the Speaker during any period when Parliament is continuously
meeting and is unable to offer satisfactory explanation to the
relevant parliamentary committee for his or her absence
 Article 83 :Vacation of office of
member of Parliament
 Found guilty by the appropriate tribunal of violation of the
Leadership Code of Conduct and the punishment imposed is or
includes the vacation of the office of a member of Parliament;
 Recalled by the electorate in his or her constituency in accordance
with this Constitution;
 Article 83:Vacation of office of
member of Parliament
 Person leaves the political party for which he or she stood as a
candidate for election to Parliament to join another party or to
remain in Parliament as an independent member

REF: CONSTITUTIONAL PETITION NO. 16 OF 2013

 Having been elected to Parliament as an independent candidate, that
person joins a political party;
 Person is appointed a public officer
Vacation of office of member of
Parliament – article 83
Membership of a coalition
government of which his or her
original political party forms part
shall not affect the status of any
member of Parliament.
Speaker and deputy speaker of
Parliament – article 82
Constitution
provides for Speaker
and Deputy Speaker of Parliament.

Both elected by members of

Parliament from among their
number.

A person is qualified to be elected a

Speaker or Deputy Speaker if he or
she is a Vice President or a Minister.
Speaker and deputy speaker of
Parliament – article 82
 No business shall be transacted in Parliament
other than an election to the office of Speaker
at any time that office is vacant except to take
and subscribe the oath of allegiance and the
oath of member of Parliament
 The Chief Justice or a judge designated by the
Chief Justice shall preside at an election of a
Speaker, and the Speaker shall preside at an
election of the Deputy Speaker.
 An election to the office of Deputy Speaker
shall be held at the first sitting of Parliament
after that office becomes vacant.
Vacation of office of speaker and
deputy speaker – article 82(7)
Appointment to any public office;
Becomes a Minister;
Resigns his or her office by
writing signed by him or her
addressed to the Clerk to
Parliament;
Ceases to be a member of
Parliament; or
Removed by resolution of
Parliament supported by not less
 article 84:Right of recall

 Electorate of any constituency and of any interest group have the

right to recall their member of Parliament before the expiry of the
term of Parliament.
article 84 (2) :Reasons for recall

 Physical or mental incapacity rendering that member incapable of

performing the functions of the office

 Misconduct or misbehaviour likely to bring hatred, ridicule,

contempt or disrepute to the office

 Persistent deserting of the electorate without reasonable cause.

Procedure for recall: article 84(3)

 Recall of a member of Parliament is initiated by a petition in

writing setting out the grounds relied on and signed by at least 2/3
of the registered voters of the constituency or of the interest group
and shall be delivered to the Speaker
 Determination of issues of
membership: Article 86
High Court has jurisdiction to hear and determine any question
whether
(a) a person has been validly elected a member of Parliament or
the seat of a
member of Parliament has become vacant
(b) a person has been validly elected as Speaker or Deputy
Speaker or having been so elected, has vacated that office.

 Appeal to the court of appeal

 Clerk to Parliament: article 87

Public officer designated Clerk to Parliament appointed

by the President in consultation with the Public Service
Commission and such other members of staff as may
be necessary for the efficient discharge of the functions
of Parliament.
Quorum of Parliament : article 88
 Quorum of Parliament shall be 1/3 of all members of Parliament
entitled to vote.

 Quorum prescribed shall only be required at a time when

Parliament is voting on any question.

 Rules of procedure of Parliament shall prescribe the quorum of

Parliament for the conduct of business of Parliament other than for
voting – see article 94
 Voting in parliament article 89

 Unless as otherwise prescribed by this Constitution or any law

consistent with this Constitution, any question proposed for
decision of Parliament shall be determined by a majority of votes of
the members present and voting in a manner prescribed by rules of
procedure made by Parliament under article 94 of this Constitution.

 Person presiding in Parliament shall have neither an original nor a

casting vote and if on any question before Parliament the votes are
equally divided, the motion shall be lost.
Committees of Parliament – article
90
 Parliament shall appoint standing committees and other committees
necessary for the efficient discharge of its functions.

 See the rules of procedure of Parliament (2012) for the various

committees on composition and functions of committees of
Parliament.
 Power of committees of
Parliament :article 90(4)
In the exercise of functions under this article, committees of
Parliament-
(a) may call any Minister or any person holding public office and
private individuals to submit memoranda or appear before them to
give evidence;
(b) may co-opt any member of Parliament or employ qualified
persons to assist them in the discharge of their functions;

(c) shall have the powers of the High Court for

(i) enforcing the attendance of witnesses and examining them on oath,
affirmation or otherwise; (ii) compelling the production of documents;
and (iii) issuing a commission or request to examine witnesses abroad.
 The Civil Service

 The Public Service Act 2008, Act No. 9 of 2008

 The Public Service Commission Act 2008, Act No. 11 of 2008
 The Public Service Commission Regulations 2009, SI No. 1 of
2009
 The Public Service (Negotiating, Consultative and Disputes
Settlement Machinery) Act, 2008
Public officers and public service –
definition: article 175
 Public officer means any person holding or acting in an office in the
public service (Are Ministers and other politicians civil servants?)
 Public service means service in any civil capacity of the
Government the emoluments for which are payable directly from
the Consolidated Fund or directly out of monies provided by
Parliament and is
 Public service is composed of all persons duly appointed by the
appropriate service commission or other relevant appointing
authority to hold or act in any office in the public service.
 Obligations of public officers

 Owe allegiance and loyalty to the Government and shall advise on,
develop and defend the policies of the Government at all times;
 Unreservedly tender advice to the Government in respect of the
business of the ministry or department or district;
 In performing their duties, be transparent, accountable, impartial
and professional
 In performing their duties, exhibit expertise and integrity and
portray a good image of the public service
 Obligations of public officers

 In performing their duties, apply such management techniques as

may be prescribed to ensure economy, efficiency and cost
effectiveness in service delivery
 Promote the growth and development of the private sector as the
principal engine of growth of the economy.
 Public Service Commission
 Article 165 – establishes a Public Service Commission.

 Commission consists of a chairperson, a deputy chairperson and

seven other members appointed by the President with the approval
of Parliament.

 A person holding any of the following offices shall relinquish his or

her position in that office on appointment as a member of the
commission—
(a) a member of Parliament; (b) a member of a local
government council; (c) a member of the executive of a
political party or political organisation; or (d) a public officer.
Term of commission members
 Four years but is eligible for reappointment
 Functions of Public Service
Commission
 Public Service Commission functions include
 (a) to advise the President in performing his or her functions under
article 172 of this Constitution;
 (b) to appoint, promote and exercise disciplinary control over
persons holding office in the public service of Uganda as provided
in article 172 of this Constitution;
 (c) to review the terms and conditions of service, standing orders,
training and qualifications of public officers and matters connected
with personnel management and development of the public service
and make recommendations on them to the Government;
 Functions of Public Service
Commission
 (f) to guide and coordinate district service commissions;
 (e) to hear and determine grievances from persons appointed by
district service commissions; and
 (f) to perform such other functions as may be prescribed by this
Constitution or any other law
 Independence of Commission

In the exercise of its functions, the Public Service Commission shall

be independent and shall not be subject to the direction or control of
any person or authority; except that it shall take into account
government policy relating to the public service.
 Other matters

 The commission shall make a report to Parliament in respect of

each year, on the performance of its functions.

 Parliament shall, by law, empower the Public Service Commission

to make regulations for the effective and efficient performance of
its functions under this Constitution or any other law.
Other Service Commissions
 Education Service Commission – article 167, 168 (see the
composition and functions of the Commission

 Health Service Commission – article 169, 170, (see the composition

and functions of the Commission)
 Establishment of offices in the
public service by the President
 Subject to the provisions of this Constitution and any Act of
Parliament, the President may, after consultation with the
appropriate service commission, establish offices in the public
service of the Government of Uganda.
 Appointment of public officers –
article 172
 The President may, acting in accordance with the advice of the
Public Service Commission, the Education Service Commission or
the Health Service Commission, as the case may be, appoint
persons to hold or act in any office in the public service of Uganda
of the rank of head of department or above other than those referred
to in article 200 of this Constitution, including confirmation of
appointments, the exercise of disciplinary control over such persons
and their removal from office;
 Appointment of public officers –
article 172
 The Public Service Commission, the Education Service
Commission or the Health Service Commission, as the case may be,
may appoint persons to hold or act in any office in the public
service of Uganda other than those referred to in paragraph (a) of
this clause and in article 200 of this Constitution, including the
confirmation of their appointments and the exercise of disciplinary
control over such persons and their removal from office.
Appointment to personal staff
of President
 Except with the consent of the President, no person shall be
appointed to act in any office on the personal staff of the President.

 Subject to the provisions of this Constitution, the President may

delegate any of his or her powers under this article by directions in
writing, to any service commission or to any other authority or
public officer as may be prescribed by Parliament and may, in like
manner, revoke the delegation.
 Protection of public officers – article 173

A public officer shall not be

(a) victimized or discriminated against for having performed his or
her duties faithfully in accordance with this Constitution; or

(b) dismissed or removed from office or reduced in rank or otherwise

punished without just cause.
Protection of public officers – article
173
 Kihumika v Kaggwa and another [1974] 1 EA 297 – whether you
can sue a doctor working in a public hospital
 Shyanguya v Public Service Commission and others [1976–1985] 1
EA 556
 Permanent secretaries
 Ministry or department of the Government of Uganda shall be
under the supervision of a Permanent Secretary.

 Office of Permanent Secretary is a public office

 Appointed by the President acting in accordance with the advice of

the Public Service Commission
 Functions of Permanent
Secretaries: article 174(3)
 Organization and operation of the department or Ministry;
 Tendering advice to the responsible Minister in respect of the
business of the department or Ministry;
 Implementation of the policies of the Government of Uganda;
 Subject to article 164 of this Constitution, responsibility for the
proper expenditure of public funds by or in connection with the
department or Ministry.
 Objective of the public service

 The objective of public service is to enable the Government to

formulate and implement policies and programmes of Government
for the development of Uganda (see section 5 of the Public Service
Act, 2008).
 Public service and ministerial
responsibility
 Most essential characteristics of the civil service
 Article 117: The Responsibility of Ministers.Ministers shall
individually be accountable to the President for the administration
of their Ministries and collectively be responsible for any decision
made by the Cabinet.
 Civil servants are accountable to the Minister
Aspects of collective responsibility

 A minister must not vote against government policy

 A minister must not speak against government policy
 All decisions are decisions of the whole government
 A former minister must not reveal Cabinet secrets
 Local Authorities

 Principle II (iii) on Decentralization

 Article 176. The system of local government in Uganda shall be
based on the district as a unit under which there shall be such lower
local governments and administrative units as Parliament may by
law provide
 Local Authorities

 Chapter 11 of the UG Constitution

 The LOCAL GOVERNMENT: This is envisaged through the
existence of districts in Uganda and assigned decentralization
system of governance.
 What is the local government system?
 Districts LG presently at 146
 LG be under political authority of a district council as the
highest political authority within its area of jurisdiction
 The LG is visited with legislative and executive authority.
 Refer to Article 180(1) of the Constitution
 FURTHER READING: Article 176(3),178 and 179
of the Constitution
 Local Authorities

 According to Article 176 Clause 3 of the Constitution the local

government system is premised the existence of democratically elected
councils.

 Councils: District Councils, Sub county Councils, City Authority

 CLASS: What are the functions of Local governments?

 Local administration
 Supervise, coordinate local governance
 Protect local governance interests
 Service delivery
 Planning
 Accountability
 DISTRICT LEADERSHIP

 According to Article 183 of the Constitution, the political head of a

district is a District Chairperson Local Council 5
 A district chairperson is elected and hold such an office by virtue of
election. This is effected by universal adult suffrage through secret
ballot in elections carried out nationwide.
 The District Chairperson presides at meetings of every district
executive committee.
 Charged with spearheading the monitoring of the general
administration of the district.
 Duties of Chairperson LC5 …ctd
 The LC5 coordinates and monitors Government functions between
the district and the Government
 Coordinates sanctioned activities of urban councils and councils of
the lower local administrative units in a district.
 Perform such other functions as Parliament may prescribe.

Note:
 In performance of functions, the chairperson is accountable to a
district council
 District service commission
 Provided for under Article 198 of the Constitution
 That every district shall have a district service commission.

Class: To List DSCs known

 What are the cardinal roles of a district service commission?

 Conduct recruitment process
 Hear employment related complaints and or appeals
 Determine and execute recruitment needs
Public bodies and regulatory agencies

 Ministries Departments and Agencies(MDAs) These are constituted

by civil servants and headed by ministers
 Local government –Headed by LC5 and councilors
 It is more prevalent today to also find public functions entrusted
public/ Statutory bodies including: commissions, boards, authorities
etc.
 The statutory bodies include: the Uganda Human Rights
Commission, the Electoral Commission, Uganda Land
Commission, Public Service Commission, the Uganda Law Reform
Commission etc.
Public bodies and regulatory agencies
……….ctd
There are some public bodies are
called tribunals. Examples of
these include: Tax Appeals
Tribunals, the Land Tribunals
 Functions of public bodies

 Advisory functions (the Minimum Wages Advisory Boards and Wages

Councils Act, Cap. 221, the National Agricultural Advisory Services Act,
2001.
 Administer public services (the National Water And Sewerage
Corporation, Cap. 351; Kampala Capital Authority Act, 2010, Uganda
Roads Authority Act
 Regulatory or supervisory role (Financial Institutions Act, 2004, Free
Zones Act, 2014, the Civil Aviation Authority Act, Cap. 354)
 Public Corporations

 In Uganda were many public corporations especially before the 1992

structural reforms by government. The included: Lint Marketing board,
Uganda Electricity Board(UEB), Coffee Marketing Board etc.
 Most government services were provided by public corporations until
privatization.
 What is privatization? Examples of corps that were privatized? Was it the
best decision for Ugandans?
 Currently we have some existing corporations including; NWSC,
National housing and construction company, UBC,SGR,
UEGCL,UEDCL, UETCL, Uganda Development Corporation, NSSF,
Kiira Motors Corporation
 Why public bodies?

 Is creation of the same important anyway?

 To reap benefits of specialization.
 To enhance accountability
 Create semi autonomy through reducing direct control by
government(NSSF, UBC,SGR, Kiira Motors)
 To enhance efficiency in execution of work
 Facilitate proper management and administration
 establishment of public corporations

 Established by specific statute.

 Class to list statutes establishing some corporations….
 Any corporation(s),by virtue of their legal existence may—
 1. Acquire, hold and dispose of real and personal property;
 2. Sue or be sued in its corporate name and or;
 3. Suffer all acts and things that bodies corporate may lawfully do
or suffer.
 Cases for reference…….CTD
 Read: A. Baumann & Co (Uganda) Ltd v Nadiope [1968] 1 EA
306
 Attorney-General v Oluoch [1972] 1 EA 392 [In this case Oluoch
sought damages against the appellant for wrongful arrest and
wrongful detention in respect of the actions of two magistrates and
two police officers who were acting as magistrates and police
officers and executing their warrants. There was no allegation that
they had not acted in good faith. It was held that no suit lies against
the Government in respect of acts done in the discharge or
purported discharge of judicial functions.(see the Gov’t
Proceedings Act)]
 Tamlin v. Hannaford [1950] 1 KB 18, 24
 AOB: Corporations may not enjoy similar protection like
government especially in matters notice-45 days. Ref: Government
Proceedings Act
 Recruitment to public bodies

 Senior officers in public bodies are appointed.

 A relevant minister appoints an individual and the same is subjected
to parliamentary or cabinet approval depending on the provisions in
the relevant Act
 Other staff may be directly recruited through the public service
commission or through the corporations HR team and Top
management.
 Tribunals
 DFN:
 These are bodies outside the hierarchy of courts with administrative
and or judicial functions.
 They also are public bodies dealing with specialist fields of the law
and focus on the resolution of disputes in those areas for example: the
tax appeals e.g the Tax Appeals Tribunal,Land tribunals(Established under
the Land Act, Operationalized in 2001 LA but later phased out to inadequate financing in 2004)
 WHY THEY EXIST:
 When parliament creates new public services or regulatory schemes, questions
and disputes arise. One way of resolving those disputes is by establishing
tribunals
 Resolve disputes eg between a private individual and govt agency
 Disputes requiring specialized knowledge
 Avenues for administrative appeal and redress
 Relief of congestion in ordinary courts
 Speedier and cheaper avenues for remedy
 Legal existence of Tribunals
 Tribunals’ existence is embedded in the constitution of UG to be an
avenue for dispute settlement away from ordinary courts.
 Their existence by creation of law makes them distinctly a creature
of the constitution and or parliament, existence of which is
adjudication rather than being a component of the general
government system of administration.
 Relevant Constn Provisions
 Article 12(4)(a), 23(1)(a), 28(1) and (2), 53(4)(a), 64(2), 107, 144,
151, 152, 224 and Article 243
 Tribunals in legislation

 Tribunal for the removal of the Chairperson, chief

administrative officer, town clerk (sections 14 and 68-
Local Government Act, Cap. 243 )
 Land Tribunals – refer to the Land Tribunals (Procedure) Rules,
2002, SI No. 33 of 2002 and Part V of the Land Act, Cap. 227

 The Tax Appeals Tribunals -TAT Act, Cap. 345. This is established
pursuant to Article 152(3) of the Constitution) and the Tax Appeals
Tribunals (Procedure) Rules, 202, SI No. 50 of 2012
 Key matters relating to tribunals

 They ordinarily relate to any of the following:

 Whether or not a tribunal was properly constituted(Proper
Constitution is critical)
 Whether a tribunal had/has jurisdiction to handle/hear a matter
 Whether principles of fairness or natural justice were observed.
 Legal authorities
 Equator Inn Ltd v Tomasyan [1971] 1 EA 405
(CAN)
 In this case a company, was carrying on the business
of a hotelier and was the tenant of business premises
owned by the respondent. The respondent gave
notice of termination of the tenancy and the matter
was referred to the Business Premises Rent Tribunal
for decision. The Tribunal ordered the appellant to
deliver up possession of the premises. Both the court
of the resident magistrate and the High Court
dismissed the appeals of the appellant. The appellant
then filed a suit in the High Court asking for a
declaration that the proceedings and the decision of
the Business Premises Rent Tribunal were a nullity
and for an injunction restraining the respondent from
enforcing the order of possession given by the said
Tribunal
Pritam v Ratilal and another [1972] 1 EA 560 (HCK)

 In resolving the dispute Madan J observed that “that the decisions

of statutory tribunals are subject to review by this court and also
that this court has jurisdiction to review a decision of the Business
Premises Rent Tribunal which is a statutory tribunal. This court
may investigate whether the tribunal acted in excess of its
jurisdiction…My belief is that it must be a rare case when the court
will substitute itself to exercise the powers conferred upon a
statutory tribunal but in a proper case the court will not hesitate to
inquire whether the tribunal acted properly and within the
framework of its statutory powers, and set right that which ought to
be set right.”
Pritam v Ratilal and another[1972] 1 EA 560 (HCK)
 In this case the defendants served the plaintiff who
was their tenant with a notice terminating his tenancy
under s. 4 of the Landlord and Tenant (Shops, Hotels
and Catering Establishments) Act. The plaintiff did not
refer the notice to the tribunal with the result that his
tenancy came to an end. When the plaintiff did not
quit the defendants filed a complaint in the tribunal
asking for an order for possession of the premises.
The tribunal made the order asked for. The plaintiff
filed action in the High Court for a declaration that the
tribunal had no jurisdiction on the grounds that the
tribunal only had jurisdiction to make an order for
possession on a reference to it, not on a complaint.
For the defendants it was contended that the court
could not grant the relief asked for.
Pritam v Ratilal and another [1972] 1 EA 560 (HCK)

 The court held that the plaintiff’s tenancy had been

properly terminated and that the landlord cannot
make a reference to the tribunal since this can only
be made by the tenant on whom a notice is served;
That a complaint may only be made when the parties
are landlord and tenant and since plaintiff had ceased
to be the defendants’ tenant, no complaint could be
made;

 See Munira vs. National Insurance Corporation [1985]

HCB 110 (observance of principle of natural justice by
tribunal)
 Matovu M., Mulindwa J. & Munyanga J. Vs. Sseviri &
Uganda Land Commission [1979] HCB 174 (principles
of natural justice apply to tribunals)
 Commissions of Inquiry
 What is a commission of inquiry?
 Law applicable : Commissions of Inquiry Act, Cap. 166
 This is an administrative process that became widespread during
the 20th Century as govt departments acquired power to intervene in
matters of local government such as housing, public health etc
(Const. and Admin. Law pg. 648)
 The reason is the conflict between the a local authority’s policies
and rights and interests of individuals.
 Commissions of Inquiry
 Under the Commisions of Inquiry Act;
 The Minister may issue a commission appointing one or more
commissioners and authorizing those commissioners, or any
quorum of them mentioned in the commission, to inquire into the
conduct of any officer in the public service of Uganda, the conduct
of any chief, the conduct or management of any department of the
public service or of any public or local institution, or into any
matter in which an inquiry would be for the public welfare
Examples of commissions of inquiry
 The Commission of Inquiry into Land Matters in
Uganda
 The Commission of Inquiry into mismanagement of
the Uganda National Bureau of Standards
 The Commissions of Inquiry into mismanagement of
Protected Area Management and Sustainable Use
Project Funds by Uganda Wildlife Authority
 The Commission of Inquiry mismanagement of Funds
under Universal Primary Education (UPE) and
Universal Secondary Education (USE)
 The Commission of Inquiry into Allegations of
Financial and Administrative Irregularities in Kampala
Central Division) Notice, 2007.
 Sources of administrative power

 The Constitution
 Acts of Parliament
 Subsidiary legislation/ delegated legislation/ statutory instrument –

See section 14 of the Interpretation Act - Where any Act confers on

the President, a Minister or any other authority, a power to make

or a power exercisable by making proclamations, rules, regulations,

byelaws, statutory orders or statutory instruments, any document by

which that power is exercised shall be known as a statutory

instrument, and the provisions of this Act shall apply to it accordingly

 Sources of administrative power
 Ordinances and byelaws (see the LGA Cap. 243)
 Case-law