Wakilii

Busulwa v Public Service Commission (Miscellaneous Cause 7 of 2023)

High Court · [2024] UGHC 230 · 2024 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking declarations and orders of certiorari, mandamus and prohibition regarding appointments to Mukono District Service Commission
Decision
Application partially allowed. Mandamus issued directing Public Service Commission to approve five members to Mukono District Service Commission including Ms. Kiondo Stella Margaret as urban authorities representative

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Holding

Held that the Public Service Commission did not act illegally or irrationally in requiring full composition of the District Service Commission before approval. The Court issued mandamus directing approval of five members including Ms. Kiondo Stella Margaret as the representative of urban authorities, finding her election by executive committee members of urban councils lawful under Local Governments Act s.54(2)(c). Application partially allowed.

Outcome

Application partially allowed. Mandamus issued directing Public Service Commission to approve five members to Mukono District Service Commission including Ms. Kiondo Stella Margaret as urban authorities representative

Facts

The Mukono District Service Commission term expired on 12 March 2022. Mukono District Council submitted five names to the Public Service Commission for approval, including Ms. Sarah Katumba as representative of urban authorities. Ms. Kiondo Stella Margaret petitioned the PSC claiming she was lawfully elected by executive committee members of urban councils to represent urban authorities. The PSC found merit in her petition on 19 January 2023 and declined to approve certain members pending full composition. The PSC approved three members but not the chairperson. Mukono District Council later replaced Katumba with Kiondo on 13 June 2023. The applicant challenged the PSC's decisions seeking declarations and orders that Katumba should be appointed instead of Kiondo.

Issues

  1. Whether the application fulfills the conditions for judicial review.
  2. What remedies are available to the parties.

Orders

  • An order of mandamus issued against the Respondent to approve Engineer Dr. Kibuuka Godfrey Kisuule as Chairperson.
  • An order of mandamus issued to approve Mr. Arthur Blick Mugerwa as a member representing persons with disabilities.
  • An order of mandamus issued to approve Mr. Semakula Badru Idris as member.
  • An order of mandamus issued to approve Ms. Nakacwa Lydia as member.
  • An order that Ms. Kiondo Stella Margaret joins the above four members as representative of urban authorities to the MDSC.
  • The Respondent ordered to approve the above MDSC to avoid further delay.
  • The appointment of Ms. Katumba Sarah rejected and in her place Ms. Kiondo Stella Margaret appointed as the representative of urban councils to MDSC.
  • Miscellaneous Cause No. 7 of 2023 partially allowed in respect to four members of MDSC.
  • Miscellaneous Cause No. 24 of 2023 and applications arising therefrom dealt with herein.
  • Miscellaneous Cause No. 20 of 2023 rendered redundant.
  • Each party to bear its own costs.

Rules and key headnotes

Judicial Review — Grounds — Illegality — Interpretation of Statutory Provisions
A public body does not act illegally where its interpretation of a statutory provision is reasonable and gives effect to the statute's purpose. Under Local Governments Act s.54(2)(c), where a district has multiple urban authorities, executive committee members of those urban councils must recommend a member to be appointed by the District Council to the district service commission.
Judicial Review — Grounds — Irrationality — Rationality of Administrative Decisions
An administrative decision is not irrational where the decision-maker requires complete information before exercising statutory powers. A requirement by the Public Service Commission that a district submit a fully constituted District Service Commission for approval rather than piecemeal submissions is a rational exercise of administrative discretion.
Administrative Law — Mandamus — Conditions for Grant
Mandamus will issue to compel a public body to perform a statutory duty where the applicant establishes a clear legal entitlement and the body has failed or refused to act. Where members of a District Service Commission are lawfully appointed under the enabling statute, the court will issue mandamus directing the approving authority to confirm the appointments.

Legislation cited (2)

Cases cited (4)

  • John Jet Tumwebaze v Makerere University Council and 2 Others (Miscellaneous Cause No. 353 of 2005)
  • DOTT Services Ltd v Attorney General (Miscellaneous Cause No. 125 of 2009)
  • Council of Civil Service Unions versus Minister for the Civil service (1984) 3 ALL ER 935
  • Council of Civil Service Unions versus Minister for the Civil Service (1985) AC 375

Full judgment

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

Busulwa v Public Service Commission (Miscellaneous Cause 7 of 2023) [2024] UGHC 230 (16 March 2024)
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.