Wakilii

Hon. Ssali Isaac Keith and Another v H.W Mayor Regina Bakitte Nakazzi Musoke and Another (Miscellaneous Cause No. 11 of 2019)

High Court · [2019] UGHCCD 328 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking certiorari to quash termination decisions and declarations of unlawfulness
Decision
Application for judicial review dismissed; termination/revocation of applicants' appointments upheld as lawful

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed a judicial review application challenging the Mayor's decision to revoke the applicants' appointments as Deputy Mayor and Executive Secretary. The court held that under sections 18(3) and 20(a) of the Local Governments Act, the Mayor possessed statutory authority to nominate and revoke appointments of executive committee members without following a hearing procedure. The revocation was within the four corners of the statute and not ultra vires, though the power must be exercised reasonably and in good faith. No costs were awarded as the matter was of public interest.

Outcome

Application for judicial review dismissed; termination/revocation of applicants' appointments upheld as lawful

Facts

The applicants were directly elected councillors of Nansana Municipal Council who were nominated by the 1st respondent (the Mayor) and approved by the Council to serve as Deputy Mayor and Secretary for Finance, and Secretary for Production, Marketing, Environment and Cooperatives respectively. They served in these executive positions for over two and a half years. On 8 November 2018, the Mayor terminated their appointments without a prior hearing. The Mayor stated her reason was to give chance to other people to bring new skills, ideas and knowledge and to have more balanced representation in the Municipality. The applicants challenged the termination by way of judicial review, arguing they were denied fair hearing and that the decision violated principles of natural justice and administrative law.

Issues

  1. Whether the 1st Respondent followed procedure in terminating the Applicants from holding executive positions in Nansana Municipal Council.
  2. Whether the termination was lawful.
  3. Whether the 2nd Respondent is liable for the actions of the 1st Respondent.
  4. Whether the Applicants are entitled to the reliefs sought in the application.

Orders

  • Application dismissed.
  • No order as to costs since it was a matter of public interest.

Rules and key headnotes

Judicial Review — Grounds — Illegality — Ultra Vires — Statutory Powers
When statutory power is conferred for public purposes, it is conferred as if upon trust and can validly be used only in the right and proper way which Parliament is presumed to have intended. Courts will intervene to ensure that powers of public decision-making bodies are exercised lawfully and within jurisdiction. If the decision maker acts outside the jurisdiction conferred, in a manner which is procedurally irregular or unreasonable, he is acting ultra vires and therefore unlawfully.
Local Government — Executive Committee — Appointment and Revocation — Mayor's Powers
Under section 20(a) of the Local Governments Act, the office of a member of the district executive committee shall fall vacant if the appointment is revoked by the chairperson. The statute does not require the chairperson to give reasons for revocation or to accord the affected member a hearing before revocation. The chairperson's power to revoke is co-extensive with the power to appoint under section 18(3), subject only to the requirement that statutory power be exercised reasonably, in good faith and on correct grounds.
Interpretation Act — Removal Powers — Where Power to Appoint is Conferred
Where by any Act a power to make an appointment is conferred, the authority having the power to make the appointment shall also have power (subject to limitations or qualifications which affect the power of appointment) to remove, suspend, reappoint, or reinstate any person appointed in the exercise of the power, per section 24 of the Interpretation Act.
Natural Justice — Right to Hearing — When Required
A statute may expressly or by implication exclude the application of natural justice principles. Where the Local Governments Act does not envisage according a hearing before revocation of appointment to an executive committee, constitutional provisions guaranteeing fair hearing in Article 28(1) are not directly applicable to the exercise of such statutory revocation powers, though the power must still be exercised reasonably and in good faith.
Judicial Review — Political Decisions — Limits of Review
The revocation of appointment of executive committee members by a local government chairperson, being partly a political decision, may not be directly questioned by applying the standard of decision-making applicable outside the political realm. Though the action must be within statutory bounds, courts exercise restraint in reviewing decisions that involve political discretion, with recourse lying primarily in the court of public opinion at the next election rather than judicial intervention.

Legislation cited (19)

Cases cited (5)

  • 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)
  • Balondemu David v The Law Development Centre (Miscellaneous Cause No. 61 of 2016)
  • Commissioner of Land v Kunste Hotel Ltd [1995-1998] 1 EA (CAK)
  • R v Lord President of the Privy Council, ex parte Page [1993] AC 682

Full judgment

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Hon. Ssali Isaac Keith and Another v H.W Mayor Regina Bakitte Nakazzi Musoke and Another (Miscellaneous Cause No. 11 of 2019) [2019] UGHCCD 328 (12 July 2019)
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.