Wakilii

Mwesigye v Attorney General and Another (Misc Cause No. 103 of 2011)

High Court · [2012] UGHC 473 · 2012 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of Minister of Health's decision to dissolve National Drug Authority Board
Decision
Application for judicial review granted; Minister's decision to dissolve the National Drug Authority Board declared ultra vires, null and void

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Holding

The Minister of Health had no power under the National Drug Policy and Authority Act Cap 206 to dissolve the National Drug Authority Board. The Act establishes an Authority consisting of persons holding office by virtue of their positions and three persons appointed by the Minister, including the Chairperson. The Minister's power to appoint three members including the Chairperson does not confer power to dissolve the entire Authority. The decision to dissolve the Board was ultra vires, null and void.

Outcome

Application for judicial review granted; Minister's decision to dissolve the National Drug Authority Board declared ultra vires, null and void

Facts

Dr. Frank Mwesigye was appointed Chairperson of the National Drug Authority on 5 March 2010 for a three-year term with an annual retainer fee of UGX 17,150,000. In July 2011, the Authority appointed a new Executive Secretary after the incumbent's term expired. The Minister of Health, dissatisfied that she was not consulted on the appointment, suspended the Authority on 12 July 2011, sought a report from the Inspectorate of Government on 13 July 2011, and on 15 July 2011 dissolved the Authority without affording it a hearing. On 2 August 2011, the Minister appointed an interim Board which was sworn in on 11 August 2011. Dr. Mwesigye challenged the Minister's actions by way of judicial review, contending that she lacked statutory power to dissolve the Authority and that her actions violated principles of natural justice.

Issues

  1. Whether the Minister of Health had power to dissolve the National Drug Authority Board.
  2. Whether the Minister's act of dissolving the Board amounted to dismissing the Applicant, and if so, whether the Applicant's grievance is justifiable in the present proceedings.
  3. Whether the Minister's decision violated the Applicant's right to natural justice.
  4. What remedies are available to the parties.

Orders

  • An order declaring the decision of the Minister of Health dissolving the National Drug Authority contained in her letter Reference MH/NDA/159 dated 15th July 2011 null and void and of no effect having been made ultra vires.
  • An order declaring the decision of the Minister of Health appointing a new National Drug Authority null and void the same having been made ultra vires.

Rules and key headnotes

Administrative Law — Statutory Bodies — Power to Dissolve — Implied Powers
A Minister's statutory power to appoint members to a body does not, by implication, confer power to dissolve that body where the enabling statute creates the body as a corporate entity with members holding office by virtue of their positions and does not expressly provide for dissolution.
Statutory Interpretation — Interpretation Act s.24 — Scope of Removal Power
Section 24 of the Interpretation Act, which provides that a power to appoint includes a power to remove, does not extend to a power to dissolve the entire statutory body where that body consists of ex officio members and appointees. The removal power applies only to persons appointed in exercise of the power, not to the body as a whole.
Judicial Review — Ultra Vires — Excess of Statutory Power
Where a Minister purports to dissolve a statutory authority but the enabling statute confers no such power, the decision is ultra vires, null and void, and will be quashed on judicial review.
Judicial Review — Grounds — Illegality, Irrationality, Procedural Impropriety
Judicial review may be granted on three grounds: illegality, irrationality, and procedural impropriety. Illegality and irrationality are substantive grounds relating to the substance of the disputed decision. Procedural impropriety is a procedural ground directed at the decision-making process rather than the content of the decision itself.

Legislation cited (10)

Cases cited (2)

  • Bwire v Attorney General and Judicial Service Commission (Civil Appeal No. 09 of 2009)
  • Council of Civil Service Unions vs Minister for Civil Service (1985) AC. 374

Full judgment

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

Mwesigye v Attorney General and Another (Misc Cause No. 103 of 2011) [2012] UGHC 473 (29 March 2012)
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.