Wakilii

Aslund v Attorney General (Misc. Cause No. 441 of 2004)

High Court · [2004] UGHC 101 · 2004 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review raising preliminary objections on jurisdiction, cause of action and locus standi
Decision
Preliminary objections dismissed; application for judicial review to proceed

Observed later treatment

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Holding

The High Court has supervisory jurisdiction over a Commission of Inquiry even when presided over by a High Court Judge, as it remains an inferior tribunal. A report submitted by only one of three commissioners without joint deliberation violates Legal Notice No. 3 of 2002 and the Commissions of Inquiry Act and is a nullity. The principles of natural justice require that persons be given a fair hearing before adverse findings are made against them.

Outcome

Preliminary objections dismissed; application for judicial review to proceed

Facts

Annebirith Aslund was Commissioner General of Uganda Revenue Authority (URA). A Commission of Inquiry into allegations of corruption in URA was established by Legal Notice No. 3 of 2002, consisting of Lady Justice Julia Sebutinde (Chairperson), Mr James Kabooza and Mrs Bawu Cousens. The Commission held public hearings and Aslund testified. On 17 February 2004, Lady Justice Sebutinde submitted a report to the Minister of Finance without the signatures of the other two commissioners. The other commissioners publicly disassociated themselves from the report. Aslund sought judicial review after learning the report contained findings that she was incompetent to head a financial institution, without having been given a hearing on these allegations. The Attorney General raised preliminary objections on jurisdiction, cause of action and locus standi.

Issues

  1. Whether the High Court has jurisdiction to grant the orders sought in judicial review of a Commission of Inquiry report chaired by a High Court Judge.
  2. Whether the application discloses a cause of action for judicial review.
  3. Whether the applicant has locus standi to bring the application.
  4. Whether the report submitted by Lady Justice Sebutinde alone constituted a valid report of the Commission or was a nullity.

Orders

  • The points of law raised by the Attorney General are dismissed.
  • Costs of the application awarded to the Applicant.
  • The report submitted to the Minister of Finance on 17 February 2004 by Lady Justice Julia Sebutinde is declared not a report of the Commission and a nullity in law.

Rules and key headnotes

Judicial Review — Jurisdiction — Commissions of Inquiry — High Court Judge as Commissioner
The fact that a High Court Judge is a member or chairperson of a tribunal does not per se oust the jurisdiction of the High Court to exercise judicial review over that tribunal's decisions. A Commission of Inquiry established under the Commissions of Inquiry Act remains an inferior court subject to the supervisory jurisdiction of the High Court through writs of mandamus, certiorari and prohibition, regardless of the status of its members.
Administrative Law — Commissions of Inquiry — Quorum and Validity of Report
Where a Legal Notice establishing a Commission of Inquiry specifies that it shall consist of three members and be deemed duly constituted if any two members including the chairperson are present, a report submitted by the chairperson alone without joint deliberation or approval by at least one other commissioner is not a report of the Commission and is a nullity in law.
Administrative Law — Natural Justice — Right to be Heard
The principles of natural justice require that where a tribunal makes findings adverse to a person, that person must be given a fair opportunity to make representations or to correct or controvert any relevant statement brought forward to their prejudice. This principle applies even to Commissions of Inquiry.
Statutory Interpretation — Statutory Powers — Compliance with Prescribed Means
Where a statute prescribes the means by which a body must exercise its powers, the body must employ those means. A tribunal must act justly and by just means, and failure to comply with statutory requirements renders its acts invalid.

Legislation cited (13)

Cases cited (8)

  • R v Patent Appeal Tribunal Ex p Champion Paper and Fiber Co [1957] 1 WLR 248
  • R v Patent Appeal Tribunal Ex p Baldwin and Francis Ltd [1959] 1 QB 105
  • Local Government Board v Arlidge [1915] AC 120
  • De Verteuil v Knaggs [1918] AC 557
  • R v University of Cambridge (1723) 1 Str 557
  • Lancaster Freehold and Lease-Hold Ltd v Railway Executive [1949] 2 All ER 759
  • Re Davies [1945] 1 QB 364
  • Franklin v Minister for Town & Country Planning [1948] 2 All ER 210

Full judgment

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Aslund v Attorney General (Misc. Cause No. 441 of 2004) [2004] UGHC 101 (16 August 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.