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    Administrative Tribunals

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    Cynthia Auma
    The document discusses administrative law processes and outlines the topics that will be covered regarding administrative tribunals, including introducing and defining administrative tribunals, examining their nature and composition, how they function, and their roles and immunities. It provides definitions of administrative tribunals and explains why they exist to avoid formality of ordinary courts and allow for specialized and expert handling of certain cases. The document delves into the functioning, composition, principles of natural justice, and immunities that administrative tribunals have.

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    Administrative Tribunals

    Uploaded by

    Cynthia Auma
    678 views12 pages
    The document discusses administrative law processes and outlines the topics that will be covered regarding administrative tribunals, including introducing and defining administrative tribunals, examining their nature and composition, how they function, and their roles and immunities. It provides definitions of administrative tribunals and explains why they exist to avoid formality of ordinary courts and allow for specialized and expert handling of certain cases. The document delves into the functioning, composition, principles of natural justice, and immunities that administrative tribunals have.

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    The document discusses administrative law processes and outlines the topics that will be covered regarding administrative tribunals, including introducing and defining administrative tribunals, examining their nature and composition, how they function, and their roles and immunities. It provides definitions of administrative tribunals and explains why they exist to avoid formality of ordinary courts and allow for specialized and expert handling of certain cases. The document delves into the functioning, composition, principles of natural justice, and immunities that administrative tribunals have.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    678 views12 pages

    Administrative Tribunals

    Uploaded by

    Cynthia Auma
    The document discusses administrative law processes and outlines the topics that will be covered regarding administrative tribunals, including introducing and defining administrative tribunals, examining their nature and composition, how they function, and their roles and immunities. It provides definitions of administrative tribunals and explains why they exist to avoid formality of ordinary courts and allow for specialized and expert handling of certain cases. The document delves into the functioning, composition, principles of natural justice, and immunities that administrative tribunals have.

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    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

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