Wakilii

Kuluo Joseph Andrew & 2oers v The Attorney General & 6 oers (Misc.Cause No. 106 of 2010)

High Court · [2010] UGHC 63 · 2010 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging the appointment of Uganda Wildlife Authority Board of Trustees and the termination of applicants' employment contracts
Decision
Application partly allowed. Mandamus issued requiring proper appointment of Board. Injunction granted restraining illegally appointed Board members from acting. Second applicant's termination declared unlawful with damages awarded. Third applicant's claim for unlawful termination and unpaid emoluments refused due to invalid appointment. New properly constituted Board at liberty to review third applicant's credentials for re-appointment.

Observed later treatment

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Holding

Held that the appointment of the Uganda Wildlife Authority Board of Trustees violated statutory qualification requirements under SI No. 26 of 2006, rendering the Board illegally constituted. The termination of the second applicant's employment was unlawful as she was not afforded a fair hearing in breach of natural justice and constitutional guarantees. The third applicant's purported re-appointment was invalid for lack of Board recommendation as required by statute. Application granted in part with mandamus ordering proper Board appointment and injunction restraining illegally appointed trustees from acting.

Outcome

Application partly allowed. Mandamus issued requiring proper appointment of Board. Injunction granted restraining illegally appointed Board members from acting. Second applicant's termination declared unlawful with damages awarded. Third applicant's claim for unlawful termination and unpaid emoluments refused due to invalid appointment. New properly constituted Board at liberty to review third applicant's credentials for re-appointment.

Facts

The old Board of Trustees of Uganda Wildlife Authority expired on 30 June 2009. A new Board was appointed by the Minister on 14 April 2010, comprising five members: Dr. Muballe (Chairman, medical doctor), Jacob Oulanyah (lawyer), Tibasiimwa (educationist), Masokoyi (University administrator), and Ms Ayokuru (agriculturalist). The third applicant's contract as Executive Director expired on 11 July 2010. On 25 February 2010 the Minister re-appointed him for a new five-year term from 11 July 2010. On 12 August 2010 the Board Chairman terminated his employment. On 13 August 2010 the Minister revoked the appointment. The second applicant was appointed Director Corporate Affairs on a four-year contract from 1 December 2009. Her contract was terminated on 8 July 2010 for being 'recruited illegally' without a hearing. The first applicant is a tour operator. The applicants challenged the Board's appointment as non-compliant with statutory qualification requirements and challenged the second and third applicants' terminations.

Issues

  1. Whether the application is competently before court in view of the fact that the Board was appointed on 14/4/2010 and application filed on 16/08/10.
  2. Whether the 2nd and 3rd applicants can challenge their termination by way of Judicial Review.
  3. Whether the appointment of 3rd - 7th respondents as members of the Board of Trustees was in accordance with the Law.
  4. If the appointment was not in accordance with the law, whether the 3rd - 7th respondents continue to act in office illegally.
  5. Whether in the event of court declaring that appointment of 3rd - 7th respondents was in contravention of the law, all their actions as Board of Trustees are null and void.
  6. Whether the termination of the 2nd applicant's contract was lawful.
  7. Whether the termination of the 3rd applicant's contract was lawful.

Orders

  • An order for mandamus to issue requiring the Minister of Tourism, Trade and Industry to appoint a Board of Trustees for Uganda Wildlife Authority in accordance with the qualifications set out in paragraph 1 of the Schedule to the Wildlife Act, Cap. 200 as amended by SI No. 26 of 2006.
  • An order of injunction restraining the 3rd to 7th respondents from acting in the office of Chairman and Trustees respectively of Uganda Wildlife Authority.
  • A declaration that the 2nd applicant was unlawfully terminated.
  • General damages of UGX 30,000,000 awarded to the 2nd applicant for unlawful and malicious termination.
  • Interest on the decretal sum to the 2nd applicant at 25% per annum from the date of this Ruling till payment in full.
  • Costs of this application to be met by the 2nd respondent (Uganda Wildlife Authority).
  • The prayer for a declaration that the 3rd applicant was unlawfully terminated is withheld.
  • The prayer for unpaid emoluments for the 3rd applicant's 5 year contract is refused.

Rules and key headnotes

Judicial Review — Scope and Purpose — Supervisory Jurisdiction
Judicial review is concerned not with the decision in issue per se, but with the decision making process. It involves assessment of the manner in which a decision is made and is exercised in a supervisory manner to ensure that public powers are exercised in accordance with basic standards of legality, fairness and rationality, not to ensure that the authority reaches a conclusion which is correct in the eyes of the court.
Administrative Law — Time Limits — Judicial Review Rules — Extension of Time
Time limits in the Judicature (Judicial Review) Rules 2009 are intended to ensure expeditious determination rather than to oust court jurisdiction. Where an alleged illegality subsists, court may exercise discretion under Rule 5(1) to extend time in the interests of justice, particularly in cases involving human rights violations, and an illegality once brought to the attention of court cannot be ignored despite late filing.
Employment & Labour — Termination of Employment — Natural Justice — Right to be Heard
Even if an employer has power to dismiss an employee, the principles of natural justice must be observed. A decision reached in violation of natural justice, especially the right to be heard, is void and unlawful. Judicial review is an appropriate remedy to challenge termination decisions reached without affording the employee a hearing, regardless of the existence of alternative remedies.
Statutory Interpretation — Mandatory Provisions — Use of 'Shall'
Where a statute uses the word 'shall' in prescribing procedural requirements for appointments, the provision is mandatory. When a statute authorizes a body to undertake a task and stipulates the procedure to be followed, execution of the task is null and void if the prescribed procedure is not followed. Actions taken under a statute must be in pursuance of the purpose of the Act and not to frustrate it.
Administrative Law — Ultra Vires — Appointments — Statutory Qualifications
An appointment made in contravention of statutory qualification requirements is ultra vires and illegal. Where legislation prescribes specific professional qualifications for Board members, the appointing authority has no jurisdiction to appoint persons who do not satisfy those qualifications. A Board illegally constituted lacks capacity to continue in office and its acts are subject to challenge by way of judicial review.
Employment & Labour — Termination — Statutory Grounds — Procedural Fairness
Where statute prescribes specific grounds for termination of employment, termination on grounds not provided for in the statute is unlawful. Termination without affording the employee a fair hearing violates constitutional guarantees under Articles 28(1) and 44(c) and constitutes procedural impropriety in breach of natural justice. Such procedural impropriety renders the decision void and of no effect.
Employment & Labour — Appointment of Executive Director — Ministerial Power — Board Recommendation
Where statute provides that an Executive Director shall be appointed by the Minister on the recommendation of the Board, the Minister cannot validly appoint or re-appoint an Executive Director in the absence of a Board recommendation. The Minister cannot exercise a power vested in the Board merely because the Board has expired. An appointment made without the required Board recommendation is invalid from the outset.

Legislation cited (14)

Cases cited (13)

  • Chief Constable of North Wales Police v Evans [1982] 3 All ER 141
  • Makula International Ltd v Cardinal Nsubuga and Another [1982] HCB 11
  • Wakiso Transporters Tours & Travel Ltd and Others v IGG and Others (HCMC No. 0053 of 2010)
  • Nampogo Robert and Another v Attorney General (HCMC No. 0120 of 2008)
  • Re Christine Namatovu Tebajjukira [1992-93] HCB 85
  • Ridge v Baldwin [1964] AC 40
  • R v Brighton Justices, ex parte Robinson [1973] 1 WLR 69
  • Rose Mary Nalwadda v Uganda Aids Commission (HCMC No. 0045 of 2010)
  • Local Government Board v Arlidge [1915] AC 120
  • R v Secretary of State for Environment, ex parte Hammersmith & Fulham London Borough Council [1991] UKHL 3
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • Pascal R. Gakyaro v Civil Aviation Authority (CACA No. 60 of 2006)
  • Bank of Uganda v Betty Tinkamanyire (SCCA No. 12 of 2007)

Full judgment

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

Kuluo Joseph Andrew & 2oers v The Attorney General & 6 oers (Misc.Cause No. 106 of 2010) [2010] UGHC 63 (4 November 2010)
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.