TRIBUNALS

Questions:
1. Critically evaluate the justification of administrative tribunals in resolving
disputes.
2. “Administrative tribunals are totally unnecessary in resolving disputes since
the matters normally end up in the courts of law.” Discuss.
Specialized courts or tribunals form part of the judicial structure e.g., Industrial
Court, Tax Appeals Tribunal, NPART Tribunals, Land Tribunals, Tax Appeal Tribunal and
the Human Rights Tribunal. A parallel judicial system exists for the military with a
hierarchy of courts established under the NRA Act and Regulations.
Article 152(3) -Parliament shall make laws to establish tax Appeals tribunals for the
purposes of settling tax disputes.
The only link from the military system to the mainstream judicial system arises from
an appeal from the Court Martial Appeal Court (the highest appeal court in the
military system) to the Supreme Court where a death sentence or life imprisonment
has been meted.
Administrative law is a branch of public law that deals with or concerns the exercise
of power, by public authorities to execute public functions. Administrative law
facilitates, regulates and controls the administrative processes. Its main thrust is to
ensure that public power isn’t abused or used as a detriment to the people.
Administrative authorities are either public officials or authorities entrusted with the
duty to discharge public functions. Public functions, are those expected to be
delivered by government which is entrusted with looking after the general welfare of
the public. Administrative tribunals are examples of administrative authorities.
Tribunals – bodies with judicial or quasi-judicial functions set up by statute and they
exist outside the usual judicial hierarchy of courts. Or, institutions setup to adjudicate
over issues of an administrative nature. They are courts of law in the sense that they
enjoy judicial powers, however, they can be distinguished from the ordinary courts of
law when one considers the membership and procedures followed by tribunals.
Reasons for Setting up Tribunals
Basing on the fact that the machinery of the courts is not suited for settling each and
every dispute which may arise out of the work of the government there is need to
create administrative tribunals.
Reasons for setting up tribunals were laid down by Lord Pierce in Anisinimic v.
Foreign Compensation Commission to include ensuring speed, cheapness and expert
knowledge;
 1. Desire for a procedure that avoids the formality of the ordinary courts.
2. Desire for a speedy cheap and decentralized determination of a very large
number of individual cases.
3. The need for expert and specialised knowledge on the part of the tribunal
which courts may not have despite it having a wide jurisdiction. Much as a
litigation of a particular social or economic activity, require expert knowledge
and in depth understanding of the area being regulated e.g. Labour disputes
require experts in labour law.
4. Need to avoid the danger of imposing too many burdens to the ordinary courts.
5. Desire to implement new social policy.
6. The restrictions imposed by legal restrictions, for example, there might be no
need for a precedent, the tribunals can decide these cases without these
principles but they have to be flexible in performance, approach, and
principle.
7. The litigation procedure does not produce the right atmosphere for the working
of certain schemes like social insurance schemes.
Functions of Administrative Tribunals
1. To settle disputes that may arise between individuals and public authorities,
e.g. evaluating tribunals set up to consider disputes between rent payers and
local authorities.
2. To settle disputes between private individuals that relate to policy
implementation, e.g. rent restriction tribunals are set up under the Rent
Restriction Act which aims at regulating rent payable to property owners.
3. To regulate socio-economic activities. This is basically regulatory with both
powers to basically settle disputes e.g. The Transport Licensing Board is a
tribunal whose main objective is to regulate the transport industry with the
powers to adjudicate over disputes over any person.
A balanced tribunal usually consists of an independent chairperson who is usually
legally qualified. In Equator Inn Ltd, v. Tomasyan it was held that a chairman means
a dully appointed chairperson and his presence is necessary before the tribunal has
quorum. In the absence of a chairman, the proceedings are a nullity.
A tribunal consists of two members representing opposed interests. In R v. Industrial
Injuries Commission Exparte Cable industrial cases involving personal injury were
heard by qualified doctors where the issue required medical diagnosis.
Procedure of Tribunals
Article 6 (1) of the Human Rights Convention states that in handling disputes,
tribunals are embedded with a duty to ensure fair and public hearing before an
independent and impartial tribunal. In De Souza v. Tanga Town Council [1961] EA
377 the right to be heard was recognised where the proceedings were conducted in
the absence of De Souza and his lawyer. Court held that he had not been heard.
IN R v University of Cambridge where Bentley had been deprived of his degree
without giving him an opportunity to be heard, one of the judges observed that even
Adam had been called upon by God to meet the challenge of having eaten a bite of
the forbidden fruit before suffering expulsion. The act of the University was declared
a nullity.
Article 44 of the Constitution recognises the right to a fair hearing as non-derogable.
All tribunals which conduct disciplinary proceedings must give notice to the charged
party who must be given a right to be heard.
In Ridge v. Baldwin [1964] AC p.40 Herman LJ said “it is only fair play in action.
It is well established that the essential requirements of natural justice at least
include that before someone is condemned he is to have an opportunity for defending
himself and in order that you may do so he is to be made aware of the charges or
allegations which he has to meet”.
Article 42 of the Constitution provides 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.
In Mumira Mumira v NIC [1985] Justice Karokora states that the principle of natural
justice “audi alteram partem” (right to be heard) must be observed by both judicial
and administrative tribunals. Where a decision is arrived at in utter disregard of this
fundamental principle of natural justice, that decision is a nullity. This principle
involves reception of relevant evidence, disclosure to all parties, the opportunity to
examine, cross examine witnesses and the opportunity for argument.
The tribunals’ decision must be based exclusively on the evidence given before it. It is
of the essence to understand that some tribunals have powers to summon witnesses
and to order production of document. Disobedience is a punishable offence.
Immunity and Privileges of Tribunals
Members of tribunals, parties and witnesses who appear before it are entitled to
personal immunity as applies to courts of law. Witnesses are not liable if evidence is
defamatory as well as members of the tribunal are not liable.
Public Finance
Questions:
1. How is public finance controlled in Uganda
2. Critically examine the role played by legislation in the regulation of use of
public finance by public authorities in Uganda.
Public finance refers to the study of the role of government in the management of a
country revenue, expenditures, and debt load through various government and
quasi-government institutions.
Public finance also refers to the study of how the government collects and spends
revenue and real resources. “Public finance ensures that the government at all levels-
national, state and local providers the public with desired services and how they
secure the financial resources to pay for those services.” In Buckley v. Valeo 2 the
United States supreme court held that public finance systems are constitutional since
they enlarge public decisions.
There are different components of public finance and also different activities related
to it. The main activities related to public finance are; collecting revenue,
making expenditures to support society, and implementing a financing strategy
(such as issuing government debt

The constitution provides for the management of public funds under Chapter 9 i.e.
Articles 152 to 164.
Article 152 (1) – No tax shall be imposed except under the authority of an Act of
Parliament.
Government Budget Process
The Budget Act 2001 provides for and regulates the budgetary procedure for an
efficient budgetary process. The Act defines the budget as a process by which
government sets levels to efficiently collect revenue and allocate the spending of
resources among all sectors to meet the national Objectives.
Consolidated Fund
Article 153- states that there shall be a consolidated fund into which shall be paid all
revenues and other monies raised or received for the purpose of or on behalf of or in
trust for the government. A consolidated fund is one which consists of taxes and
any other revenue payable to the State.
Article 154 (1) – no money shall be withdrawn from the consolidated fund except:
a. To meet the expenditure charged on the fund by this Constitution or by
an Act of Parliament.

b. Where the issue of those monies has been authorized by an

appropriation Act.

Art 153(2) provides that the revenues or other monies referred to in clause (1) of the
Article shall not include revenues or other monies that are;
Payable by or under an Act of Parliament into some other fund established for a
specific purpose or
Under any Act of parliament retained by the department of Government that received
them for the purpose of defraying the expenses of that department.
No money shall be withdrawn from the consolidated fund unless the withdrawer
has been authorized by the Auditor General. If the president is satisfied, then he
can sign for release.
Appropriations Act 2020
This law is adopted by Parliament every year to authorize the Executive to finance
goods and services required by any ministry or government departments in the
financial year in question. The Appropriations Act once signed by the Head of State,
finances the budget process for any one financial year.
Vote on Account (VOA)
VOA is a sanction of Parliament for withdrawal of money from the consolidated fund
to meet the government expenses before Parliament approves the budget. It is not
meant to last longer than 3 months. VOA is only on expenditures appropriated by
Parliament and not on statutory expenditures.
Appropriated expenditures must be debated and voted by parliament. However,
statutory expenditures are directly charged on the consolidated fund by the
constitution or an Act of Parliament.
NOTE: Statutory expenditure requires no Parliamentary approval as they are already
State obligations, i.e. Public Debt, pensions salaries of state officials e.g. Presidents,
vice-President, Prime Minister, Chief Justice etc.
Money voted by Parliament under the Appropriations Act (the Budget) is to finance
government services through the country. The law requires the Auditor General, when
satisfied with the correctness of those warrants to give approval to those warrants
before money can leave the consolidated fund account. It should be noted that the
right to authorise public expenditure is vested solely in Parliament through the
enactment of the Appropriations Act.
The Public Finance Act 2003 (PFA)
The Public Finance and Accountability Act 2003 was enacted with the purpose to,
“provide for the control and management of the public finance of Uganda, for the
audit and examination of public accounts of certain statutory bodies and matters
connected therein.”
The Auditor General and the National Audit Act 2008 (NAA)
This gives effect of Article 163 of the Constitution of Uganda- Auditor General.
Article 163 (1) and S. 4 of the National Audit Act provides for the appointment of the
Auditor General that he shall be appointed by the president with the approval of
Parliament.
Article 163 (6) and S. 14 of NAA state that the Auditor General shall not be under
the control of any authority.
Article 163 (3) (9) and S. 13 of NAA – to audit and report on public accounts of
Uganda and of all public offices including the courts, the central and local
government administrations, universities and public organisations established by an
Act of Parliament.
Article 154 (3), S. 83 (2) Local Government Act (LGA) provides that the Auditor
General as the sole authority to give approval for any money to be withdrawn from
the consolidated fund account, the general fund account or any district account.
Auditor General as an Auditor
Section 24 PFA states that “the Auditor General shall on behalf of the Parliament
examine, inquire into and audit the accounts of all accounting officers, and receivers
of revenue and all persons entrusted with collection, receipt, custody, issue, sales,
transfer or delivery of any stamps, securities, stores or any other government
property, to ensure that all public moneys have been dealt with in accordance with
proper authority.
S. 25 (1) PFA obliges all public officials to give documents or any explanation
whenever required by the Auditor General
Public Accounts Committee (PAC)
This examines the Auditor General’s report and enforces accountability of the officials
of the executive after detailed interviews.
Inspectorate of Government Act 2002 (IGG)
Article 223 establishes the functions of the Inspectorate of government, while Article
225 (1) spells out the function.
S. 10 of the IGG Act 2002 gives the Inspectorate independence in performance.
S. 14 (5) gives special powers to investigate, cause a legal action where public office
is misused.
Leadership Code Act 2002
S. 8 provides for penalties. There is no doubt that the imposition of a code of conduct
on leaders and requirement of them to declare their wealth is a necessary
requirement in the fight against abuse of office.
In Conclusion, there are many players in control of public finance, which include the
Legislature, Executive, Ministry of Finance Planning and Economic Development,
Auditor General’s Office and Central Bank.

Licensing under Administrative Law

Question: discuss the role and importance of licensing in Administrative Law.
A license is a conditional permit or authority granted by government agency for
purposes of allowing a particular person to carry out an activity which would be illegal
without that permit.
There are two categories of license:
1. General license- opens a whole field of activity to an individual. It is usually
granted to business people and professionals.
2. Specific license- is granted to a person to carry out a specific action and it
expires when such action has been accomplished. E.g. a license to kill an
elephant or to import goods expires as soon as the elephant has been killed or
the goods are imported respectively.
Purpose of Licensing
1. Prevention of harm to the public. This is particularly so in the case of
Occupation licenses before one can be allowed to practice e.g. Medicine he
must first get a license. The government must first be satisfied with his
qualification and his reliability to carry out such work.
2. Human safety. This applies to such things as factories, blasting operations,
mines etc. the licensing authority must satisfy itself that there is no risk to
human beings when that activity is being carried out.
3. To ensure efficient services to the public. This is the case in transport
licensing. The transport licensing board is required to satisfy itself, e.g. a bus
operator will provide efficient services to the public at reasonable prices.
4. To maintain a monopoly. A natural monopoly can be defined as a service that
can be efficiently provided by one operator, i.e. . . Uganda Water and Sewage
Corporation.
5. Conservation of natural resources. Access to natural resources is restricted to
license holders only. E.g. hunting of animals, timber exploitation.
6. As a method of controlling the manufacture, storage and consumption of
alcoholic beverages. E.g. the Liquor Act cap. 3 forbids any person from
manufacturing or selling alcoholic beverages without holding a valid license.
7. Government gets revenue.
8. Control of socially undesirable activities e.g. gambling.
9. Reduction of congestion on streets/ dealing away with hawkers.
10.Control of potentially offensive activities e.g. Sale of firearms.
11.Aimed at controlling development and town planning.
12.Licenses may also be used for purposes of promoting of certain government
policies e.g. Trade licensing Act of 1969 which barred non-citizens from
obtaining trade licenses for trade activities in rural areas.
 13.Used to promote investment, e.g. the Investment Code Act. Licensing is used to
ensure that only people with a certain amount of capital can come and
establish certain investments.
14.License is also used as a tool of conservation of resources, e.g. the mining Act.
A person cannot carry out mining activities without a license.
Read the following in line with the above compilation on licensing.
1. Illegality: S. 5 (b) Industrial Licensing Act, Cap. 91
2. Promotion of Investment : Investment Code Act Cap 92- S.6
3. Enguli Act Cap 86 Section. 2
4. Firearms Act Cap 299 See Preamble and Section. 3
5. Advocates Act Cap 267 for professionals
6. Dent v. Kiambu Liquor Incensing Court [1968] EA where it was held that
court has a right to deny a renewal of the license basing on the law on ground.
The reasons for refusal should be restricted only to those justified under the
law. In this case, she had refused to serve liquor to people who were not
members to the club thus being denied the license.
7. Fernandez v. Kericho Liquor Licensing Court it was held that the refusal to
renew the license basing on the question of citizenship was illegal. Court
further held that for one to be denied a licence of renewal, it has to be done in
regard to the manner of operation and condition of operation.

CONSTITUTIONAL OFFICES
THE IGG
Article 223 establishes the office of the Inspectorate of Government
Composition
Inspector General of Government
Such other numbers of deputy Inspectors General as parliament may prescribe.
The person must be qualified to be a judge of the High Court. (Article 223(3)
Appointment
The IGG and the Deputy are appointed by the President with the approval of
Parliament and shall not hold any other office of emolument in public service.
Removal from Office
Article 224
The IGG may be removed from office by the President on the recommendation of a
special tribunal constituted by Parliament for;
a) Inability to perform the functions of his or her office arising from infirmity of
body or mind
b) Misconduct, misbehavior or conduct unbecoming of the holder of the office
c) Incompetence
Functions
Article 225
a) Promote and foster strict adherence to the rule of law and princes of natural
justice in administration.
b) Eliminate and foster the elimination of corruption, abuse of authority and
public office
c) Supervise the enforcement of the leadership code of conduct
Etc
Jurisdiction
Article 226
The jurisdiction of the inspectorate of Government shall cover officers or leaders
whether employed in the public service or not and also such institutions,
organizations or enterprises as parliament may prescribe.
THE AUDITOR GENERAL
Article 163- Establishes the Auditor General who is appointed by the President with
approval of parliament.
Qualifications set out in Art 163(2)

Removal from office

Art 163(10) he or she is removed from office by the president on grounds of;
Misconduct, misbehaviors or incompetence