Wakilii

Baligobye & 2 Others v Attorney General & 3 Others (MISCELLANEOUS CAUSE NO. 376 OF 2019)

High Court · [2020] UGHCCD 43 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging actions of Parliament's Public Accounts Committee in scrutinizing court awards and mandamus orders
Decision
Application for judicial review granted with declarations, orders of certiorari and prohibition, and injunction issued

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that Parliament's Public Accounts Committee acted illegally, ultra vires and unconstitutionally by seeking to scrutinize and review court judgments and mandamus orders for payment of court awards. The court declared that such actions amount to interference with execution of court orders, violate the doctrine of separation of powers, and undermine judicial independence. Orders of certiorari and prohibition were issued to quash the Committee's decisions and prevent future interference with court orders.

Outcome

Application for judicial review granted with declarations, orders of certiorari and prohibition, and injunction issued

Facts

On 22nd August 2019, Parliament's Public Accounts Committee (PAC) while interfacing with officials from the Ministry of Justice and Constitutional Affairs sought to be availed details of mandamus orders including dates of determination, lawyers involved, presiding judges and amounts involved, for reviewing purposes. This followed the Auditor General's report on financial statements which identified persistent accumulation of domestic arrears including unsettled court awards totaling UGX 655,134,362,209. The Solicitor General complied on 26th August 2019 by providing the requested details. The applicants, who are persons with direct interest in court awards, challenged this action as interference with execution of court orders and a violation of judicial independence and the doctrine of separation of powers.

Issues

  1. Whether there is a fit and proper case of judicial review.
  2. Whether the 3rd Respondent's actions, deliberations, investigation and/or requisition for review by the PAC, to investigate, review, audit and/or approve payments of court awards and mandamus orders are ultra vires, irregular and illegal.
  3. Whether the actions of the Respondents contravene the principles of separation of powers and the independence of the Judiciary.
  4. Whether the Applicants are entitled to the remedies sought.

Orders

  • Declaration that the deliberations and requisitions by PAC on 22nd August 2019 regarding payment of court awards and mandamus orders amount to interference with execution of court orders and are illegal, ultra vires, unconstitutional and an affront to the independence of the Judiciary.
  • Declaration that the directions by the Chairperson PAC on 22nd August 2019 to be availed details of mandamus payments for scrutiny amounts to interference with execution orders, is contemptuous, illegal, ultra vires, unconstitutional and a direct affront of the doctrine of separation of powers.
  • Declaration that the 1st and 2nd Respondents' actions of submitting details to the 3rd Respondent for deliberation and examining payments of court awards is contemptuous, illegal, ultra vires and directly undermines the independence of the Judiciary and orders of court.
  • Declaration that awards/orders are not statutory allocations and are not subject to scrutiny, approval, discussion, deliberations, investigation or review by PAC, Parliament or any other state agency or executive arm of Government.
  • Declaration that execution of court orders, judgments and/or mandamus orders is not within the mandate of Parliament or the oversight role of Parliament.
  • Declaration that the 4th Respondent is statutorily bound and obliged to pay court awards once a decree/order and certificate of order against Government has been issued by a competent court and served in accordance with section 19 of the Government Proceedings Act without further response to any authority or approvals.
  • Order of certiorari quashing the orders, directions and/or decisions of the Chairperson and/or PAC of Parliament on 22nd August 2019 insofar as they relate to furnishing details of court awards for scrutiny/review and/or investigation.
  • Order of prohibition prohibiting the Chairperson and/or the entire PAC of Parliament from deliberating, reviewing and/or seeking to approve or direct on payments of court awards and/or interfering in any way whatsoever with the execution of court orders.
  • Order of prohibition prohibiting the Attorney General, Solicitor General, Permanent Secretary/Secretary to the Treasury, and their agents and/or officers from submitting and/or subjecting payment of court awards or details thereof to the scrutiny, review and/or approval of Parliament.
  • Injunction restraining the Respondent, Parliament, and all state organs from reviewing/scrutinizing, investigating, deliberating, discussing, seeking to approve and/or interfering in any way whatsoever with execution of court orders and/or payment under court awards.
  • Costs of this application awarded to the applicants.

Rules and key headnotes

Separation of Powers — Judicial Independence — Protection from Parliamentary Interference
The doctrine of separation of powers requires that the Executive and Legislature uphold the independence of the Judiciary at all times. Under Article 128 of the Constitution, courts are independent and not subject to control or direction of any person or authority, and no person or authority shall interfere with courts or judicial officers in the exercise of their judicial functions.
Separation of Powers — Parliament Cannot Review Court Decisions
Parliament has no constitutional power to call to itself for review or scrutiny the decisions of courts of law. To do so would be for Parliament to constitute itself into an appellate body over court decisions and usurp powers not vested in the Legislature. Article 92 of the Constitution prohibits Parliament from passing any law to alter the decision or judgment of any court as between the parties.
Judicial Review — Illegality — Acts Beyond Powers of Public Body
An action or decision is illegal when the decision-making authority commits an error of law in the process of taking the decision, or acts without jurisdiction or ultra vires or contrary to provisions of law or its principles. Where a case has been subject to court process and determined by a competent court, it cannot be reviewed, set aside, altered or inquired into by any other authority or arm of government except by the court itself through court processes of review, revision and/or appeal.
Parliament — Oversight Powers — Limits in Relation to Court Orders
Parliament's oversight role and the powers of its committees do not extend to scrutinizing, reviewing or approving court judgments, orders or awards. While committees of Parliament have powers under Article 90(3) to enforce attendance of witnesses and compel production of documents, these powers do not vest committees with power over decisions of courts. The adjudicatory function remains the exclusive constitutional preserve and mandate of courts of law.
Separation of Powers — Checks and Balances — Limitations
While the Constitution provides for checks and balances between arms of government, the doctrine of checks and balances does not extend to the Legislature calling to itself for scrutiny and/or review of judicial decisions, judgments and orders, even where such decisions may be erroneous, wrong or unpalatable in the view of the Legislature or Executive. The judicial process has a self-correcting system of review, revision, appeals and disciplinary measures to ensure that any errors are corrected within the judicial system itself.
Execution of Court Orders — Payment of Court Awards by Government
Under Section 19 of the Government Proceedings Act, once a decree and certificate of order against Government for payment of money issued by a competent court are served on the Treasury Officer or Accountant, he or she is duty bound to effect payment and does not need approval from any other Government entity including Parliament.
Standing — Direct or Sufficient Interest
Under Rule 3A of the Judicature (Judicial Review) (Amendment) Rules SI 32 of 2019, any person who has a direct or sufficient interest in a matter may apply for judicial review. Where facts are sworn to in an affidavit showing direct interest and these are not denied or rebutted by the opposite party, the presumption is that they are accepted as the truth and the application meets the criteria for judicial review.

Legislation cited (18)

Cases cited (10)

  • Massa v Achen [1978] HCB 297
  • Ojangole Patricia & 4 Others v Attorney General (High Court Miscellaneous Cause No. 303 of 2013)
  • Geraldine Sail Busuulwa v National Social Security Fund & Another (High Court Miscellaneous Cause No. 032 of 2016)
  • Thugitho Festo v Nebbi Municipal Council (High Court Miscellaneous Application No. 15 of 2017)
  • Fuelex Uganda Ltd v Attorney General & Others (High Court Miscellaneous Cause No. 48 of 2014)
  • Dr. Daniel K.N. Semambo v National Animal Genetic Resource Centre (High Court Miscellaneous Cause No. 30 of 2017)
  • Council of Civil Service Union v Minister for Civil Service [1985] AC 374
  • Attorney General v Walugembe Daniel (Court of Appeal Miscellaneous Application No. 390 of 2018)
  • Severino Twinobusingye v Attorney General (Constitutional Petition No. 47 of 2011)
  • Maj. Gen. David Tinyefuza v Attorney General (Constitutional Appeal No. 1 of 1997)

Full judgment

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

Baligobye & 2 Others v Attorney General & 3 Others (MISCELLANEOUS CAUSE NO. 376 OF 2019) [2020] UGHCCD 43 (7 February 2020)
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.