Prepared by Paul Mukiibi

DEPARTMENT OF LAW AND CONTINUING LEGAL EDUCATION

DIPLOMA IN LAW

KAMPALA CAMPUS

COURSE TITLE: ADMINISTRATIVE LAW

LECTURER (S):

Martin KAKURU (Professional Advisor/Lecturer, LDC)

COURSE LEADER: Mr. Precious B. NGABIRANO (Head, Department of

Law & Continuing Legal Education & Professional Advisor, LDC)

TOPIC 06: ADMINISTRATIVE TRIBUNALS AND COMMISSIONS OF INQUIRY

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TOPIC 06: ADMINISTRATIVE TRIBUNALS AND COMMISSIONS OF INQUIRY

CONTENTS
1.0. INTRODUCTION
2.0. OBJECTIVES
3.0. MAIN CONTENT
3.1. Reasons for the Establishment of Tribunals
3.1.1 Specific Reasons for their establishment
4.0. Characteristics of Tribunals
5.0. Classification of Tribunals
5.1. Classification of Tribunals in the United Kingdom (UK)
5.2. Classification of Tribunals in Uganda
6.0. Procedure of Tribunals
6.1. Immunity and Privileges of Tribunals
7.0 Merits/Advantages and Demerits/Disadvantages of Tribunals
7.1. Merits/Advantages of Tribunals
7.2. Demerits/Disadvantages of Tribunals
8.0. First instance Decisions and Appeals Tribunals:
9.0. Public inquiries/Commissions of Inquiries
10.0. CONCLUSION
11.0. SUMMARY
12.0. ASSIGNMENT/REVISIONAL QUESTIONS
13.0. REFERENCES/FURTHER READING

1.0. INTRODUCTION
Administrative law is a branch of public law which 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

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after the general welfare of the public. Administrative tribunals are examples of administrative
authorities.

Tribunals are bodies with judicial or quasi-judicial functions set up by statute and they
exist outside the usual judicial hierarchy of courts. They can also be defined as “Bodies
outside the hierarchy of the courts with administrative or judicial functions” (Curzon,
Dictionary of Law, 1994, p387). They are also 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.

A tribunal is further a specialized court handling disputes of a particular nature.

Tribunals are created by Acts of parliament on special considerations that they are more
suitable or effective to handle adjudication business in their jurisdiction than ordinary
courts. The importance of tribunals to administrative law is that they are given powers
to make decisions taken, in so far as they may affect a citizen.

Administrative tribunals resolve disputes between, for example, the citizen and an
officer of a government agency or between individuals in an area of law in which the
government has legislated the conduct of their relations. This topic shall focus on
appeal tribunals, domestic tribunals, public inquiries and the advantage of tribunals.

2.0. OBJECTIVES
At the end of this topic, you should be able to:
 explain the meaning of Administrative Tribunals and Commission of Inquiry;
 state the grounds for establishing them;
 Explain their characteristics;

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 Analyse their Procedures;

 Understand their classifications;
 Examine their merits and demerits; and
 Explain their structure under the law.

3.0. MAIN CONTENT

3.1. Reasons for the Establishment of Tribunals
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. The functions of government sometimes call for specialized
courts (tribunals) for the proper adjudication of disputes. It also calls for effective
administrative machinery. Thus, while Tribunals are adjudicative in nature, public
inquiries are deeply embedded in the whole process of government and its
administration.

3.1.1. Specific Reasons for their establishment

Reasons for establishment of tribunals were laid down by Lord Pierce in Anisinimic v.
Foreign Compensation Commission to include ensuring speed, cheapness and expert
knowledge. Other reasons for their establishment include;
i) Desire for a procedure that avoids the formality of the ordinary courts.
ii) Desire for a speedy, cheap and decentralized determination of a very large
number of individual cases.
iii) 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.
iv) Need to avoid the danger of imposing too many burdens to the ordinary courts.
v) Desire to implement new social policy.

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vi) 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.
vii)The litigation procedure does not produce the right atmosphere for the working
of certain schemes like social insurance schemes.
viii) 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.
ix) To settle disputes between private individuals which 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.
x) 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.

4.0. Characteristics of Tribunals

i) 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.
ii) 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.
iii) It is established by statute or an Act of Parliament and granted perpetual
existence.
iv) It is adjudicative in nature, a specialized court.

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v) Its jurisdiction is restricted to a single specialized area of a government function

such as immigration, transport social security and pensions enforcing
professional discipline etc.
vi) Its composition/membership is determined by statute and most of such
members are senior administrative officials and experts.
vii)It has timelines/limits within which to deliver its decisions(s).
viii) Its procedures are less formal than that of ordinary courts.
ix) Lawyers are generally not allowed to appear before it.
x) Its jurisdictions must be exercised in accordance with written law and natural
justice.
xi) Most of them assume jurisdiction after a public officer has taken an unfavorable
decision affecting the rights/interests of an individual.
xii)Some tribunals may be composed of a lawyer alone, but commonly there will be
a lawyer ‘chair’ (called a ‘tribunal Chairperson’) and two lay people who may be
drawn from the relevant industry.
xiii) Appointments are usually made for a fixed period of years.
xiv) Authority, base their decisions on wider aspects of policy, exercising
regulatory functions in a judicial form.
xv)In general, tribunals are not bound by the rules of evidence observed in courts
and could not reach decisions simply and speedily if they were.
xvi) Some tribunals follow procedures that are essentially inquisitorial rather
than adversary, but minimum standards of evidence and proof must be observed
by tribunals if justice is to be done.
xvii) The legal profession has no monopoly of the right to represent those
appearing before tribunals. This fact alone makes tribunals more accessible to the
public than the courts, since an individual’s case may often be presented
effectively by a trade union official, an accountant, a surveyor, a doctor, a social
worker or a friend.

5.0. Classification of Tribunals

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Classification refers to the large groupings in which tribunals may be placed. This may
differ from one jurisdiction to another.

5.1. Classification of Tribunals in the United Kingdom (UK)

Darbyshire has reported (2008) that there are over 130 such bodies in the UK covering a
vast array of areas. Until recently each tribunal was separate and in 1996 the list of
administrative tribunals included; Agricultural Land Tribunals, Child Support Appeal
Tribunals, the Civil Aviation Authority and the Director General of Fair Trading in their
licensing functions, criminal injuries adjudicators, the Data Protection Registrar,
Education Appeal Committees, Immigration Adjudicators and the Immigration Appeal
Tribunal, Industrial Tribunals (renamed Employment Tribunals), the two Lands
Tribunals, Mental Health Review Tribunals, the Controller-General of Patents, War
Pensions Appeal Tribunals, Rent Assessment Committees, Social Security Appeal
Tribunals and the Social Security Commissioners, Disability and Medical Appeal
Tribunals, the General and Special Commissioners of Income Tax, Traffic
Commissioners, Valuation and Community Charge Tribunals, and VAT Tribunals.

However, these tribunals have now been incorporated into the Unified Tribunals
System which includes all administrative tribunals with the exceptions of Patent Office
tribunals and the Investigatory Powers Tribunal.

5.2. Classification of Tribunals in Uganda

These include; Independent administrative tribunals, special administrative tribunals,
Regulatory bodies and licensing authorities. Some of the specific tribunals include:
i) Immigration tribunal
ii) Social security and pensions
iii) Electricity distribution and generation tribunal
iv) Financial/tax appeals tribunals
v) Land and valuation tribunal

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vi) Transport tribunal

vii) Health and social services tribunal
viii) The Police Council
ix) Labour tribunals (Industrial court)
x) The Law Council etc.

6.0. 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”.

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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 v NIC [1985] Justice Karokora stated 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.

Rules for instituting a complaint before a tribunal may vary from one jurisdiction to
another. When a complaint has been served upon the respondent, he or she must then
state the grounds, if any, on which the application will be opposed. A hearing will then
normally take place, with the general rule being that these are in public except in
relation to mental health issues and some educational issues. Each party may have a
representative, who may be legally qualified or not, and the tribunal has wide powers
to control the way in which evidence is given and the amount of evidence which may
be presented. Once a decision has been reached the Tribunal must provide written
reasons for it and notification of any rights of review or appeal.

6.1. 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.

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7.0 Merits/Advantages and Demerits/Disadvantages of Tribunals

7.1. Merits/Advantages of Tribunals
The advantages of tribunals include inter alia:
a) Quick with no long waits for the case to be heard and it is dealt with
expeditiously (speedily), they are speedy owing to specialization and the fact
that they operate under clear timeline. Unlike courts where judicial officers may
not command any specialty, tribunals composed of senior administrative officials
and experts.
b) cheap, as no fees are charged;
c) staffed by experts who specialise in particular areas;
d) characterised by an informal atmosphere and procedure;
e) allowed not to follow its own precedents, although tribunals do have to follow
court precedents.
f) They are ideal whenever a dispute requires specialized knowledge. While it is
the right of every person to access justice through courts, the machinery of
ordinary courts is not suited for settling every dispute which may arise out of the
work of government. Where a particular dispute calls for specialized knowledge,
such dispute can fairly and economically be resolved by a tribunal.
g) Rules of evidence are rarely observed.
h) Their procedures are usually flexible and avoid the formality of the courts.
i) Be as it may, a tribunal at whatever level must act with fairness, openness and
impartially it must also exercise its powers be they statutory or discretionary. In
accordance with the law otherwise its decision would be open to judicial review
before the high Court.

7.2. Demerits/Disadvantages of Tribunals

These include inter alia;
a) some are becoming more formal;

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b) they are not always independent of the Government, although they may
pretend so;
c) Interference and lack of independence in execution of their duties;
d) some tribunals act in private;
e) legal aid is not generally available; and
f) Manifest bias in proceedings

8.0. First instance Decisions and Appeals Tribunals

The difference between these two levels of tribunals is very thin. A first instance
tribunal is one where an aggrieved person can make an initial attempt to seek justice.
While all the above listed classification of tribunals may be said to be first instance
tribunal, the reality is that with the exception of Electricity Distribution and Generation
Tribunal, the Police Council and Law Council, the rest are tribunals whose jurisdictions
are invoked after a public body or official has made a decision that an individual
disputes. In this sense they are appeal tribunals. Appeals tribunals have powers to hear
and decide appeals. They also have powers to state a case and refer it to the High Court
on any question of law arising in the case.

9.0. Public inquiries/Commissions of Inquiries

Public inquiries are adhoc administrative processes through which government collects
and obtains information of great public importance on any public sector. The major task
of an inquiry is to investigate certain allegations or events in society with a view to
producing an authoritative account of the facts and attributing responsibility or blame
where it is necessary to do so. Such inquiries do not result into decision but can make
recommendations for desired actions.

Proceedings are usually guided by a presentation made by senior counsel to the

chairperson and members.

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Thus, under administrative law, a public inquiry is a step leading to a

ministerial/government decision. A commission conducting a public inquiry has
semblance of a disguised judge who ultimately ensures that the resultant decision must
be based on evidence presented at the inquiry. The call for such duty therefore requires
that public inquiries must follow rules of natural justice in collecting evidence before
making their recommendations, lest their reports can be quashed on an application for
judicial review. This duty involves;
i) The duty to communicate a notice to the concerned individual(s) so that he/she
is aware and has good time before the inquiry, the case/allegation he/she would
have to meet.
ii) The right to an interpreter in a language understood by the concerned parties.
iii) The right of the likely affected party to cross-examine witnesses giving adverse
evidence against him.
iv) The right to legal representation at the cost of a person being investigated.
v) Full disclosure to all concerned parties of the relevant government policy in so
far as may be applicable to the subject of the inquiry.
vi) That a report on the recommendations of the commission of inquiry is published
within a reasonable time and copies of which be made accessible to the parties.
vii)That the decision in the report be accompanied with full reasons justifying the
proposed recommendations.
viii) That a right to challenge the recommendations to the High Court be
explained to the aggrieved person(s).

The object of this stringent inquiry/procedure is to:

i) Protect the interests most directly affected by the government proposal by
granting them a statutory right to be heard in support of their objections where
at all.
ii) Ensure that the government/minster would be better informed of the whole facts
of the dispute/complaint before a decision is made.

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10.0. CONCLUSION
Tribunals and Commissions of inquiry exercise quasi-judicial powers and are either
established by law or by an appointing authority under an instrument giving such
authority to establish a particular commission. They make administrative decisions
which may have far reaching effect on the citizenry that appear before them thus subject
to challenge.

11.0. SUMMARY
In this topic, we have discussed Administrative Tribunals and Commissions of inquiry,
their characteristics, Procedures, Immunity and Privileges, justifications and shortfalls.
We have also discussed the merits of a tribunal Vis a Vis ordinary courts of law.

12.0. ASSIGNMENT/REVISIONAL QUESTIONS

1) Distinguish between an Administrative Tribunal and a Commission of Inquiry.
2) With reference to clear authorities, discuss atleast seven characteristics of an
Administrative Tribunal.
3) Critically evaluate the justification of administrative tribunals in resolving
disputes.
4) “Administrative tribunals are totally unnecessary in resolving disputes since the
matters normally end up in the courts of law.” Discuss.
5) Critically analyse the arguments for and against Administrative Tribunals and
Commissions of Inquiry.
6) With reference to authorities and/or relevant examples, explain the Procedure of
Tribunals in hearing matters before them.

13.0. REFERENCES/FURTHER READING

 The Constitution of the Republic of Uganda, 1995.
 The Judicature Act Cap. 13, Laws of Uganda.

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 Hood, P. (2001), Constitutional and Administrative Law. (7th edn.) London:

Sweet & Maxwell.
 Wade & Bradley. (1985), Constitutional and Administrative Law, (10th edn.)
London: Longman.
 Iluyomade, B. O. & Eka, B. U. (1977). Cases and Materials on Administrative
Law in Nigeria. (2nd ed.) Ile-Ife: Obafemi Awolowo University Press Limited.
 Malemi, E. (2008). Administrative Law. (3rd ed.) Ikeja: Princeton Publishing Co.

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