LEGAL ALERT: DECISIONS BY MINISTER SHOULD BE MADE WITH LEGAL AUTHORISATION

BRIEF FACTS:

The Inspector General of Government(IGG) was conducting investigations on the Secretary of the Uganda Land Commission. The IGG therefore wrote a letter to the Minister of Lands, Housing and Urban Development instructing the Minister to interdict or cause interdiction of the applicant as she could interfere with the investigations against her in regard to the Land Fund. The Minister proceeded to write a letter interdicting the applicant from all her duties as the Secretary of the Uganda Land Commission. The Applicant therefore filled a suit against the Attorney General seeking judicial review of the Minister’s decision where she exercised powers not vested in her.

ISSUES:

1. Whether there was a cause of action for judicial review by the court?
2. Whether there were any remedies for the applicant?

RULING:

1. According to Sect. 24 of the Interpretation Act, the authority that has the power to appoint had the same power that could affect the same appointment such as suspend, re-appoint and re-instate. Therefore, since the Applicant was appointed by the President, such powers to interdict her were with the President.
2. That the letter from the IGG to the Minister only provided her with options as the IGG could not self-effect such powers.
3. That the Minister was only supposed to bring the recommendations of the IGG to the President and rather not act as she did since the powers to do so were not provided by the law.
4. That a statutory authority must be permitted to perform it’s statutory functions in respect whereof even any other higher authority cannot issue any direction.
5. That there must be a legitimate authorization in an enabling provision for each activity that an administrator does. If such authorization is not present, the administrative action will be illegal.
6. Therefore, the Minister by interdicting the Applicant from all her duties acted out of the confines of her powers and did so unlawfully hence court quashing such Minister’s orders to interdict the Applicant.

FIND FULL CASE HERE;

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DISCLAIMER

No information contained in this writing or article should be construed as legal advice from Legal Notch Uganda or the individual authors, nor is it intended to be a substitute for legal counsel on any subject matter.

For additional information in relation to this article, please contact the author

Joel Peter Namugera

joelpeternamugera@gmail.com