Wakilii

Achere & 5 Ors v Pallisa District Local Government Council (HCT-04-CV-MC-0004 OF 2004)

High Court · [2004] UGHCCD 3 · 2004 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for prerogative orders to quash council resolutions removing applicants from district executive committee
Decision
Council resolutions quashed; applicants entitled to emoluments for the period of unlawful removal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the district council's resolutions removing members of the district executive committee were unlawful and quashed them. The council failed to comply with Article 187 of the Constitution and section 21 of the Local Government Act by not providing copies of the censure petition to the affected members, not observing the mandatory 14-day notice period, and not affording the members an opportunity to be heard in their defence. These procedural violations breached the constitutional right to a fair hearing and fundamental principles of natural justice.

Outcome

Council resolutions quashed; applicants entitled to emoluments for the period of unlawful removal

Facts

The applicants were six members of the Pallisa District Executive Committee. The district council passed a motion of censure directing the applicants to vacate their offices with immediate effect and ordering the Chief Administrative Officer to stop payment of their emoluments. The applicants received only an agenda indicating that a censure motion would be presented, but were never provided copies of the actual petition or motion of censure. When the second applicant raised this complaint at the council meeting, the meeting became rowdy, the objection was dismissed, and all applicants walked out in protest. The council proceeded to pass the censure motion in their absence. The respondent filed no affidavit in reply to the application.

Issues

  1. Whether the council resolutions removing the applicants from office should be quashed for failure to comply with constitutional and statutory procedure for censure motions.
  2. Whether the applicants were denied a fair hearing contrary to principles of natural justice and constitutional protections.

Orders

  • Certiorari granted quashing the resolutions of the Pallisa District Council meeting of 30 January 2004 removing the applicants from office as members of the District Executive Committee.
  • Certiorari granted quashing the consequential decision and directives in the letter dated 5 February 2004 by the Speaker to the Chief Administrative Officer regarding emoluments of former members of the District Executive Committee.
  • Application for mandamus declined as overtaken by events.
  • Respondent to pay the applicants the emoluments they were deprived of for the relevant period.
  • Costs of the application awarded to the applicants.

Rules and key headnotes

Judicial Review — Certiorari — Grounds — Breach of Natural Justice and Constitutional Procedure
Certiorari will issue to quash a determination made in breach of the rules of natural justice or where there is non-compliance with mandatory constitutional and statutory procedural requirements, particularly where such procedures protect fundamental rights.
District Executive Committee — Censure Procedure — Mandatory Requirements under Article 187
Article 187 of the Constitution sets out mandatory procedural requirements for censuring members of a district executive committee: the chairperson must provide a copy of the petition to the affected member; at least 14 days must elapse before the motion is debated; and the member is entitled to be heard in defence during the debate. Failure to comply with these requirements renders the censure resolution void.
Right to Fair Hearing — Audi Alteram Partem — Constitutional Protection
The right to a fair hearing is a fundamental and inviolable right protected by Article 44 of the Constitution and embodied in the principle audi alteram partem. Each party must have reasonable notice of the case to meet and be given an opportunity to state their case and answer arguments or accusations put forward against them.
Natural Justice — Notice and Opportunity to Be Heard — Executive Committee Censure
Where a district council initiates censure proceedings without providing the affected executive committee members with copies of the petition, without observing the mandatory notice period to enable preparation of a defence, and without affording an opportunity to be heard, the proceedings violate the principles of natural justice and the constitutional right to a fair hearing.
Judicial Review — Purpose of Certiorari — Public Interest and Proper Exercise of Statutory Power
A primary objective of certiorari is to keep the machinery of government operating properly in accordance with the law and in the public interest, and to prevent excessive exercise of power or abuse of statutory authority by public authorities.
District Executive Committee — Unlawful Removal — Entitlement to Emoluments
Where members of a district executive committee are unlawfully removed from office through a censure process that fails to comply with constitutional and statutory requirements, they are entitled to payment of the emoluments they were deprived of during the period of unlawful removal.

Legislation cited (8)

Cases cited (5)

  • Re: An Application by Hirji Transport Service [1961] EA 85
  • Re: Application by Bukoba Gamukama Club [1963] EA 478
  • Dr. Bently's case (1723)
  • R v Chancellor of Cambridge University (1716) 1 Str 557
  • Sharp v Welefield [1891] AC 173

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Achere & 5 Ors v Pallisa District Local Government Council (HCT-04-CV-MC-0004 OF 2004) [2004] UGHCCD 3 (22 April 2004)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.