LAW

Administrative Processes

Advent Semester
01. 03.
TEACHING METHOD ENROLLMENT PROCESS
E-Learning Online registration

02. 04.
ACADEMIC AREA(S) Course Unit Instructor(s)
Administrative Law
- Administrative Processes Kabahizi Edgar(Mr)
 Topic 1: ADMINISTRATIVE TRIBUNALS

Contents:

1.Introducing and Defining Administrative Tribunals.

2.Nature and Composition of Administrative Tribunals

3.Functioning of Administrative Tribunals

4.Tribunal Roles

5.Immunities and Priviledges

Definitions:
They are bodies with judicial or quasi-judicial functions set up by statute and they exist
outside the usual judicial hierarchy of courts.

Institutions setup to adjudicate over issues of an administrative nature. These enjoy judicial
powers, have defined membership, no formal procedures.
For More, Click: https://www.youtube.com/watch?v=OBqsZXk4Ln0

Why Tribunals Exist?

●Avoid the formality of ordinary courts.
●Speedy, cheap and decentralized determination of cases.
●Expert and specialised knowledge on a matter e.g. Labour disputes require experts in labour
law.
●Need to avoid burdening ordinary courts.
 In their functioning, they…………
● Legalize certain activities and or actions
● Handle disputes between individuals
● Handle disputes between government/public body and individuals
Required: Identify other roles Administrative Tribunals play

Examples:
● Land tribunal;
● Staff tribunal (university and tertiary institutions act);
● Court martial and;
● The disciplinary committee of the local councils.
●
 Nature and Composition of Administrative Tribunals
• Established under an Act of parliament or subsidiary legislation e.g
the Industrial Court is established under the Labor Disputes
Arbitration and Settlement Act.
• Membership is clearly established under the law. Membership
represents expertise, interest groups and neutrality.
• Must have specific functions. Specific in the enabling law.
• Have atleast two members representing opposed interests
• Refer: Industrial court’s jurisdiction is in settling labor disputes, R v.
Industrial Injuries Commission Exparte Cable 
Action: Further reading by all
 Notable in the functioning of tribunals
● In their functioning is a duty to ensure fair and public hearing before
an independent and impartial tribunal.
Refer : Article 6 (1) of the Human Rights Convention, 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.

● All tribunals which conduct disciplinary proceedings must give notice

to the charged party who must be given a right to be heard.
Refer: Article 44 of the Constitution of Uganda: The right to a fair
hearing as non-derogable.
Continued………
… Ridge v. Baldwin [1964] AC p.40 Herman LJ said “it is only fair play in action
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.
 Continued…….
● This principle involves reception of relevant evidence, disclosure
to all parties, the opportunity to examine, cross examine
witnesses and the opportunity for argument
● A tribunals’ decision based exclusively on the evidence given
before it
Tribunal Immunities and priviledges

● 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.
● Required:
● Do further reading on the topic
● Watch video(s): https://www.youtube.com/watch?v=Xsyw8wOb6ag
● https://www.youtube.com/watch?v=hkT3MTDBASA
“If
“
you tremble with indignation at every injustice then you
are a comrade of mine..”

—Che Guevara