Wakilii

Tumuhimbise v Uganda Development Corporation and Anor (Miscellaneous Cause No. 100 of 2020)

High Court · [2021] UGHCCD 14 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of decision not to renew applicant's contract of service
Decision
Application for judicial review granted; respondents ordered to reconsider applicant's contract renewal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that judicial review lies for employment decisions involving public power exercised by statutory bodies. Executive Director's refusal to renew applicant's contract while renewing others in similar positions, and external recruitment without first considering internal candidates, was irrational, discriminatory, and constituted abuse of discretion. Court ordered renewal consideration and awarded damages.

Outcome

Application for judicial review granted; respondents ordered to reconsider applicant's contract renewal

Facts

Applicant joined the 1st respondent as Assistant Procurement Officer in 2009 and rose to Senior Procurement Officer. Her three-year contract expiring 31 August 2019 was not renewed. She applied for renewal on 8 August 2019. The 2nd respondent (Executive Director) renewed contracts of other employees but not the applicant's. He also initiated external recruitment for Manager Procurement position without first considering internal candidates as required by the Human Resource Manual. Applicant lodged a grievance in February 2020 alleging unfair treatment. A committee was constituted to handle the grievance but proceedings were interrupted by COVID-19 lockdown. The 2nd respondent claimed the applicant was rude and belligerent during her performance appraisal, and that the external recruitment method was permitted under the Manual.

Issues

  1. Whether the application is properly before the court.
  2. Whether the actions of the respondents are illegal, irrational and unlawful.
  3. What remedies are available to the parties.

Orders

  • Declaratory order issued that the 2nd respondent's acts of automatic activation and filling of vacancies at the levels of Managers, subsequent promotions and external hiring without involvement of and approvals from the Executive Committee of the 1st respondent and adherence to Human Resource Manual was illegal, irrational and irregular.
  • Declaratory order issued that the 2nd respondent's decision deliberately delaying, ignoring or refusing to renew the applicant's contract without justifiable reason while renewing other employee contracts in the same status was irrational, irregular, discriminative and arbitrary.
  • Order of Mandamus issued against the respondents compelling them to consider the renewal of the applicant's contract without victimization or vindictiveness.
  • Applicant awarded UGX 10,000,000 as damages.
  • Application allowed with costs.

Rules and key headnotes

Administrative Law — Judicial Review — Justiciability — Public Body — Employment Decisions — Exercise of Statutory Power
Judicial review lies against employment decisions of statutory bodies where the power to appoint or renew contracts is derived from statute and exercised as public power, notwithstanding that the dispute appears to arise from a contract of employment.
Administrative Law — Judicial Review — Locus Standi — Naming Public Officials as Respondents — Bad Faith
A public official may properly be added as a party to judicial review proceedings where decisions are challenged as having been taken in bad faith or malafide, to ensure accountability for the exercise of public power, provided the official is described by the title held.
Administrative Law — Abuse of Discretion — Improper Exercise of Power — Discrimination
Where a public official exercises discretion to renew contracts of some employees but refuses to renew the contract of another employee in a similar category without justifiable reason, the decision is irrational, discriminatory, and constitutes an abuse of discretion.
Administrative Law — Improper Exercise of Discretion — Recruitment Procedure — Failure to Follow Internal Policy
Where an organization's Human Resource Manual requires consideration of internal candidates before external recruitment, a decision to recruit externally without first attempting to fill the position internally is an irrational and improper exercise of discretion.
Administrative Law — Legitimate Expectation — Contract Renewal — Fair Hearing
An employee with a renewable contract has a legitimate expectation that the contract will be renewed where promised in the original contract, and any frustration of that expectation requires a fair hearing and reasons for refusal.
Administrative Law — Judicial Review — Remedies — Mandamus — Damages
Where a public body's refusal to renew an employee's contract is found to be irrational and discriminatory, the court may issue a mandatory order compelling reconsideration of the renewal and award damages for suffering caused by wrongful exercise of power.

Legislation cited (3)

Cases cited (6)

  • Dunsmir v New Brunswick [2008] 1 SCR 190
  • Anny Katabaazi Bwengye v Uganda Christian University (HCMC No. 268 of 2017)
  • Minister of Environment Affairs and Tourism v Bato Star Fishing (Pty) Limited 2004 (7) BCLR 687 (CC)
  • Johannesburg Stock Exchange v Witwatersrand Nigel Ltd 1988 (3) SA 132
  • R v Aston University Senate ex p Roffey [1969] 2 QB 558
  • R v Secretary of State for Health ex p Furneaux [1994] 2 All ER 652

Full judgment

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

Tumuhimbise v Uganda Development Corporation and Anor (Miscellaneous Cause No. 100 of 2020) [2021] UGHCCD 14 (9 April 2021)
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.