EXAMINATION

FACULTY OF LAW

PROGRAMME(S): LLB

SESSION: DAY/EVENING/WEEKEND
MODULE CODE AND TITLE: LEVEL:
LLB LAW 2102 ADMINISTRATIVE 1.2
LAW
DATE: TIME:
DURATION: 6 HOURS TOTAL MARKS: 100
EXAMINER/ LECTURER: MODERATOR:
KAIHURA FELIX DR. AFUNADUULA ISAAC

INSTRUCTIONS TO THE CANDIDATE/ STUDENT

1. V-class is the ONLY official examination platform.
2. Questions must be attempted in the answer booklet/sheet provided on V-class.
3. You have SIX HOURS to complete this paper. No exam answer sheet shall be accepted
after the 6 hours (the system has closed).
4. This is an OPEN BOOK (Online) examination.
5. Use Font 12, Spacing: 1.5, Times New Roman & Oscorla Style of footnoting.
6. Answer 4 Questions 2 IN SECTION A AND 2 IN SECTION B
7. QUESTIONS IN SECTION A CARRY 30 MARKS EACH, WHILE SECTION B
CARRY 20 MARKS
8. Each Answer should not be less than 1,000 words (2 Pages).
9. Extra credit will be awarded to clearly thought-out, well-structured answers with relevant
authorities.
10. Number the answers to the questions clearly before answering.
11. PLAGIARISM is a grave offence under the University Rules and Regulations and will
lead to cancellation of one’s script.
12. Review your answers carefully before submitting your exam paper.
13. Review the grades assigned to each section of the exam. Allocate your time accordingly

1|Page
 SECTION A (Both Questions are Compulsory)

Question 1

Joan is the Permanent Secretary, Ministry of Defence and Veteran Affairs, where
she has been serving in that capacity for 3 years.
Before Joan went for Easter holidays, she left all her work in the hands of her
personal assistant called Hamidah, allowing her to sign contracts that were urgent
during the few days to Easter since she was not going to be around. Hamidah
signed various contracts including one with AFTECH Solutions to supply security
cameras at a cost of 4 Billion shillings.

When Joan returned from Easter Holidays, she heard that, the Transport officer had
been coming late to work and had even used fuel money to take his family home
for Easter. Joan immediately wrote to the Transport officer and terminated his
contract with immediate effect.

Three days later, the Director of human resources in the Ministry received
applications from candidates to fill the posts of Office Messengers. However, the
Director decided to get rid of all applications which were made by candidates who
had not gone to Victoria University. His consideration was that he knows about
Authentic learning at VU and that other universities don’t produce good graduates.
So he threw all other applications in a dustbin.

While electing the staff going for a field study tour of Europe, the Commissioner
selected 5 staff from Busoga region, all female. He did not offer any explanation
for his selection, but most people know that he is from Kamuli and is very friendly
to female workers. The commissioner however says his decision was mainly to
encourage female workers to participate in ministry work.

With regard to Administrative law in Uganda, consider the above scenario

and write a memorandum of all the issues that arise. (30 Marks)

QUESTION 2

2|Page
Okalang is the newly appointed Executive Director of National Forest Authority.
He was approached by Chinese investors who wanted to start a paper making
factory in Uganda and wanted to set it up in Mabira Forest. He was given a
“facilitation fee” of 1million USD by the investors to enable a quick decision
making process. Okalang immediately issued a permit to the Chinese company.
However, Sanhyuka Industries had also applied for the same using the normal
application process but up to date, have never received a reply.
The Town clerk of Moyo District was given 100m shillings to give farmers in the
area to undertake agriculture projects in the new season. However, he decided to
keep the money until next year refusing to give it to any of the farmers associations
in the area. Despite being approached many times, he has refused to set up a
committee to assess and distribute the money. He has not given any clear reasons
but it is clear that he is not about to act as required. The farmers want to find a way
of making the Town clerk to do his job urgently.
The Executive Director of NEMA after series of meetings with environment
officers decided to pass a notice saying that in the month of April, all vehicles
which do not have dustbins are going to be impounded and the drivers arrested.
She has even issued notices in the newspaper, radio and other social media outlets.
It is well known that there is no law that has been passed providing for such
offences and penalties, but despite this, NEMA intends to implement it starting 10 th
April. Activists want to prevent this from being implemented.
With regard to you knowledge on the various remedies that can be used when
public officers or authorities act wrongfully, advise on the best remedies in
each scenario above. ( 30 Marks)

SECTION B ( CHOOSE ANY TWO)

QUESTION 2
“I therefore find the correct test for bias to be “whether a reasonable, objective
and informed person, acting on the correct facts, would reasonably apprehend that
the judge has not or will not bring an impartial mind to bear on the adjudication
of the case” per Owiny Dollo CJ in Re application for Recusal of Owiny Dollo CJ
(Civil Miscellaneous Application no.03 of 2021.

3|Page
With help of decided cases, discuss the rule against bias as a rule under the
principle of natural justice. (20 marks)

Question 3
In 2021, the Kampala City Council Authority realized that there is a problem of
people smoking in public places. Although the constitution provides for the right to
a clean environment and there are some other laws about the same, the KCCA
decided to develop a special law applicable in Kampala City. It has been called the
“KAMPALA PUBLIC SMOKING ORDINANCE”

With reference to the above law and any other legal considerations, Discuss
the legal authority for subsidiary legislation in Uganda. (20 marks)

Question 4
The Constitution of Uganda provides that “in handling disputes, tribunals are
embedded with a duty to ensure fair and public hearing before independent and
impartial tribunal”.

In light of the above statement, discuss the advantages and disadvantages

administrative tribunals over the adversarial court system. (20 marks).

Question 5
“the importance of remedies is generally reflected in the maxim ubi ius ibi
remedium which means, “where there is a right, there is a remedy”. It is axiomatic
that a legal right is of little, if any, use unless accompanied by an effective remedy”
David scott,et al-principles of Administrative Law-Routledge-cavendish(1997) at
page 155.

Discuss, briefly, the various remedies available to a litigant affected by

administrative decision.

Question 6
Article 126 of the 1995 Constitution of Uganda acts as the custodian of the rule of
law and protector of human rights and freedoms, discuss the relationship between
the concept of the Rule of Law and the requirements of Natural justice in the
administrative decisions or actions?

4|Page
Question 7
The duties imposed upon ministers and the powers given to ministers are normally
exercised under the authority of ministers by responsible officials of the
department, public business could not be carried on if that were not the case” Per
Lord Greene MR in Carlton Ltd v Commissioner of works and others [1943]2
ALLER 560.

Discuss from your own perspective this assertion. (20 marks)

-END-

5|Page