Wakilii

Centre for Legal Aid v Attorney General of Uganda (Miscellaneous Cause 87 of 2015)

High Court · [2018] UGHCCD 212 · 2018 Application Granted — Declarations and Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Judicial review application challenging Law Council's delay in renewing legal aid provider registration
Decision
Law Council ordered to pay damages and costs for unconstitutional administrative delay in renewing legal aid provider registration

Observed later treatment

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Holding

The High Court held that the Uganda Law Council's delay of nearly two years in inspecting and certifying the applicant as a registered legal aid provider was illegal, irrational, discriminatory, and violated the applicant's constitutional rights to fair administrative action and equality. The Court rejected the Law Council's excuse that funding delays justified the inaction, finding that donor support is not a legal precondition for regulatory action and that the Law Council applied double standards by promptly certifying other entities. The Court awarded special damages of UGX 170,000,000, general damages of UGX 200,000,000, exemplary damages of UGX 100,920,000, and interest at 20% per annum.

Outcome

Law Council ordered to pay damages and costs for unconstitutional administrative delay in renewing legal aid provider registration

Facts

Centre for Legal Aid, a non-governmental legal aid provider, received initial registration certification from the Uganda Law Council in April 2013. In 2014 and 2015, the applicant submitted renewal applications and paid the required fees of UGX 82,000 each year. Despite making numerous follow-up visits to the Law Council, the applicant's registration was not renewed for 591 days (nearly two years). During this period, other legal aid providers such as FIDA Uganda and numerous law firms were promptly inspected, certified, and publicly advertised by the Law Council. The Law Council justified its inaction by stating that funding from the Democratic Governance Facility (a donor agency) was only approved in October 2014 and released in April 2015, and that inspections could only occur when donor funds were available. The applicant's operations as a legal aid provider and human rights defender were jeopardized during this period as it risked prosecution for operating without valid certification, could not recover costs in courts, and lost opportunities to secure donor grants which required valid certification as a precondition.

Issues

  1. Whether the applicant's right to fair administrative action was violated or threatened by the Law Council in the totality of circumstances complained of
  2. What remedies are available to the parties in the circumstances

Orders

  • Application for judicial review allowed.
  • Declaration that the delay, failure and/or refusal by the Law Council to inspect and certify the applicant as a registered legal aid provider for nearly two years was arbitrary and unjustifiable.
  • Declaration that the delay, failure and/or refusal by the Law Council to renew the applicant's certificate of registration was a breach of statutory duty, misfeasance in public office, breach of legitimate expectation, and violation of a bundle of constitutional rights of the applicant.
  • Special damages awarded to the applicant in the sum of UGX 170,000,000.
  • General damages awarded to the applicant in the sum of UGX 200,000,000.
  • Exemplary damages awarded to the applicant in the sum of UGX 100,920,000.
  • Interest on special, general and exemplary damages at the rate of 20% per annum from the date of judgment until payment in full.
  • Costs of the application awarded to the applicant.
  • Orders of mandamus and prohibition no longer pursued as the certificate was eventually renewed during the proceedings.

Rules and key headnotes

Judicial Review — Grounds — Illegality, Irrationality and Procedural Impropriety
To succeed in an application for judicial review, the applicant must demonstrate that the decision or act complained of is tainted with illegality, irrationality, or procedural impropriety. Illegality occurs when the decision-making authority commits an error of law or acts ultra vires. Irrationality arises when the decision is so unreasonable that no reasonable authority addressing itself to the facts and law could have made such a decision. Procedural impropriety includes failure to observe basic rules of natural justice or to act fairly in the decision-making process.
Judicial Review — Time Limits — Extension of Time — Good Reasons
An application for judicial review must ordinarily be filed within three months from the date when the grounds first arose. However, the court has discretion to extend this period where the applicant demonstrates good reason for the delay. A continuous breach by an administrative body constitutes grounds for extending time, as does the fact that the breach involves violation of constitutional rights. Procedural errors or lapses should not defeat an applicant's constitutionally guaranteed right of access to court.
Judicial Review — Scope — Administrative Inaction and Failure to Decide
Judicial review is not limited to situations where a formal decision has been taken by the administrative authority. Prolonged inaction, delay, or failure by an administrative body to perform a statutory duty or make a decision within a reasonable time is itself amenable to judicial review where it constitutes illegality, irrationality, or procedural impropriety that violates an applicant's constitutional right to fair administrative action.
Fair Administrative Action — Article 42 — Right to Just and Fair Treatment
Article 42 of the Constitution guarantees every person appearing before any administrative official or body the right to be treated justly and fairly and to apply to a court in respect of any administrative decision. An administrative body violates this right when it fails to consider applications on their merits promptly and properly in accordance with applicable law, when it prejudges applications based on improper considerations, when it applies discriminatory double standards, or when it breaches its duty of fairness and natural justice.
Regulatory Bodies — Exercise of Statutory Functions — Improper Considerations
A regulatory body acts illegally and irrationally when it bases its exercise or non-exercise of statutory functions on considerations not recognized in law. Availability of donor funding is not a legally recognized precondition for a regulator's performance of mandatory statutory duties where the applicable legislation and appropriation acts provide alternative funding sources. A regulator cannot lawfully justify failure to perform regulatory functions by citing dependence on donor support unless such dependence is expressly provided for in enabling legislation.
Equality and Non-Discrimination — Article 21 — Discriminatory Administrative Action
Article 21 of the Constitution prohibits discrimination and guarantees equal protection of the law to all persons and entities, including non-profit organizations. An administrative body violates Article 21 when it applies double standards by promptly processing applications of some regulated entities while unjustifiably delaying or refusing to process identical applications from similarly situated entities that have paid the same fees and complied with the same requirements.
Judicial Review — Remedies — Damages in Judicial Review Proceedings
Damages are available as a remedy in judicial review proceedings where the applicant establishes a violation of constitutional or statutory rights resulting in compensable loss. Under Articles 42, 50(1) and 126(2)(c) of the Constitution, and Rule 8 of the Judicial Review Rules, the court may award special damages, general damages, and exemplary damages in judicial review proceedings without requiring a separate civil suit. Special damages must be particularized and proved on evidence, though not necessarily by documentary evidence in all cases. General damages compensate for direct and natural consequences of administrative wrongdoing, including economic loss, stress, and reputational harm. Exemplary damages may be awarded where there has been oppressive, arbitrary, or unconstitutional action by public officials.

Legislation cited (27)

Cases cited (24)

  • Lionking International (U) Ltd v Uganda Revenue Authority (Civil Suit No. 04 of 2009)
  • Apwatum Charles v The Registrar of Labour Unions (Miscellaneous Cause No. 95 of 2015)
  • Gen David Sejusa v Attorney General (Miscellaneous Cause No. 176 of 2015)
  • Lex Uganda Advocates v Attorney General (Miscellaneous Application No. 322 of 2008)
  • Fr Francis Bahikirwe Muntu v Kyambogo University (Miscellaneous Application No. 643 of 2005)
  • Council of Civil Service Unions Vs Minister of Civil service (1985) AC2
  • Twinomuhangi Vs Kabale District & Others 2006 HCB 130
  • Picfare Industries Ltd v Attorney General & Another (Miscellaneous Cause No. 258 of 2013)
  • Nilefos Minerals Limited v Attorney General and Another (Miscellaneous Cause No. 184 of 2014)
  • Katungi Tonny v Attorney General (Miscellaneous Cause No. 266 of 2016)
  • Kuluo Joseph & Others v Attorney General (Miscellaneous Cause No. 106 of 2010)
  • Paul Kihika v Nathan Nabeta & Others (Miscellaneous Cause No. 88 of 2014)
  • Maudah Atuzarirwe v Uganda Registration Services Bureau & Others (Miscellaneous Cause No. 249 of 2013)
  • Hon Winfred Masiko & Others v DPP & Others (Miscellaneous Application No. 15 of 2009)
  • Wanyama George Stephen v Busia District Local Government (Miscellaneous Application No. 225 of 2011)
  • Allied Maples Vs Simmons [1995]EWCA Civ 17
  • Asiimwe Alex Byaruhanga & Others v Law Development Centre & Attorney General (Miscellaneous Cause No. 269 of 2017)
  • Stream Aviation Limited Vs The Civil Aviation Authority (HCB) 2008 at 156
  • Rose Mary Nalwadda v Uganda Aids Commission (Civil Suit No. 67 of 2011)
  • Kyambadde v. Mpagi District Administration [1983] HCB 44
  • Uganda Commercial Bank v. Kigozi [2002] 1 EA 305
  • Storms Vs Hutchson (1905) AC 515
  • Assist (U) Ltd v Italian Asphault & Haulage & Another (Civil Suit No. 1291 of 1999)
  • Rooks Vs Bernard

Full judgment

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

Centre for Legal Aid v Attorney General of Uganda (Miscellaneous Cause 87 of 2015) [2018] UGHCCD 212 (22 June 2018)
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.