Admin Exam Feb 2024

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EXAMINATION

FACULTY OF LAW

PROGRAMME(S): LLB

SESSION: DAY/EVENING/WEEKEND
MODULE CODE AND TITLE: LEVEL:
LLB 1309 ADMINISTRATIVE LAW 1.3

DATE: TIME:
DURATION: 6 HOURS TOTAL MARKS: 100
EXAMINER/ LECTURER: MODERATOR:
MUHWEZI JAMES RWAKOOJO …………………………….

INSTRUCTIONS TO THE CANDIDATE/ STUDENT


1. V-class is the ONLY official examination platform.
2. Questions must be attempted in the answer booklet/sheet provided on V-class.
3. You have SIX HOURS to complete this paper. No exam answer sheet shall be accepted
after the 6 hours (the system has closed).
4. This is an OPEN BOOK (Online) examination.
5. Use Font 12, Spacing: 1.5, Times New Roman & Oscorla Style of footnoting.
6. Answer 4 Questions 2 IN SECTION A AND 2 IN SECTION B
7. QUESTIONS IN SECTION A CARRY 30 MARKS EACH, WHILE SECTION B
CARRY 20 MARKS
8. Each Answer should not be less than 1,000 words (2 Pages).
9. Extra credit will be awarded to clearly thought-out, well-structured answers with relevant
authorities.
10. Number the answers to the questions clearly before answering.
11. PLAGIARISM is a grave offence under the University Rules and Regulations and will
lead to cancellation of one’s script.
12. Review your answers carefully before submitting your exam paper.
13. Review the grades assigned to each section of the exam. Allocate your time accordingly.

QUESTION ONE: (COMPULSORY)

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Ms.Kulthum is the Cabinet Minister in charge of Gender Labour & Social
development, which supervises NSSF and is in charge of appointing Executive
Director of NSSF on recommendation of NSSF Board of Directors. Recently,
NSSF Board sat and considered applications for new Managing Director of NSSF.
During the conduct of the process, Budingo who was among the Applicants didn’t
participate in mandatory interviews for qualification of the job of Executive
Director of NSSF but was approved by the Board of Directors as a successful
candidate and his name forwarded to Ms. Kulthum for approval. Instead, Ms.
Kulthum on the 11th day of February 2024 in a letter published in the New
Vision;12/02/2024 appointed her tribe mate Mr. Bwino who participated in the
whole process of recruitment of the Managing Director of NSSF but was not
seconded by the NSSF Board of Directors. Mr. Bwino on 13 th day of September
2023 assumed office and is performing his duties as a new NSSF, Managing
Director. Mr. Hemuke who was also a candidate for the job of the NSSF,
Managing Director but didn’t go through is aggrieved that Mr. Bwino was
improperly appointed as the new Managing Director of NSSF and is not certain
whether he can sue for judicial review.
With regard to Administrative law in Uganda, consider the above scenario
and legally advise Mr. Hemuke in the circumstances.

QUESTION 2 (COMPULSORY)
Mr. Valentine is an employee of Uganda National Roads Authority (UNRA), his
job description is to handle valuations and compensation in respect of land
acquired by UNRA to construct roads funded by the government of Uganda. Last
week on Tuesday, he was called to the Executive Director’s (ED) office and
informed that there are many complaints reported against him relating to soliciting
bribes from people (Uganda Citizens) receiving compensation from UNRA and
was tasked to respond immediately while still in the ED’s office. On Friday same
week, he found a dismissal letter in his office directing him to hand over office
immediately and vacate UNRA’s premises.
Previously, Mr. Valentine had complained to the chairman, Board of Directors in
UNRA about the new employee; Doreen who was recruited in the entity by the
ED, he has confirmed that Doreen never did any interview, has no employment
contract with Public Service but has been working and receiving salary as an
employee of UNRA.
Mr. Valentine has been told that Victoria University LLB students are the best in
Administrative Law in Uganda, he has approached you for legal advice in respect
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of his treatment by the ED, UNRA, how he can be reinstated back to his juicy job
in UNRA, would wish to know if there is a possibility to keep occupying his office
while he is pursuing means to reverse the ED’s decision and how to handle
Doreen’s scenario.
With regard to administrative law in Uganda, advise Mr. Valentine on all
remedies available to him, the forum where to pursue them and how to legally
handle Doreen’s scenario. (30 Marks)

SECTION B (Choose any 2)


Question 3
With reference to the Public Procurement and Disposal of Public Assets Act, 2003
as Amended, Tax Appeals Tribunals Act cap.345 and case law, discuss the role,
powers, procedures and Jurisdiction of Administrative Tribunals in Uganda.
(20 Marks)
Question 4
“There are various constitutional principles applicable to Administrative law which
help to understand the relevance and applicability of administrative law in
Uganda” Per Mariat LLB Student, Victoria University.
In light of the above statement, discuss the basic principles of
constitutionalism relevant to Administrative law in Uganda. (20 Marks)
Question 5
“The principle of Natural Justice is imperative as far as administrative law is
concerned, it is even embedded in the grund norm of our Country” Per Lubega
LLB Student, Victoria University.
With use of authorities, illustrations, write a memorandum explaining the
principle of natural justice as per David’s statement above. (20 Marks)
END

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