KAMPALA INTERNATIONAL UNIVERSITY

ADMINISTRATIVE LAW COURSEWORK PRESENTATION

YEAR 1 SEMESTER 2

GROUP 3

NO NAME REG NUMBER SIGNATURE

1 WABWIRE ROBERT 2023 – 08 – 21380

2 BWENJE FRANCIS 2023 – 08 – 21532

3 MUNGUJAKISA REAGAN 2023 – 08 - 22752

4 OKELLO ALLAN PETER 2023 – 08– 22725

5 KAUTA MICHEAL MWESIGWA 2023 – 08– 20448

6 KALUNGI DEO 2023 – 08 - 20785

7 SSEMAGANDA JAMES 2023 – 08 - 22656

8 OMUGE ANDREW 2023 – 08 -22653

9 NIWAHEREZA JOHNSON 2023-08- 22659

10
NNAKAFEERO CATHERINE 2023 – 08 -22365

LECTURER: Counsel Ronald Lukoma.

Delegata potestas non potest delegare is an administrative law principle to mean no
delegated powers can be further delegated. “As an administrative law student discuss the
law relating to delegation in Uganda’s jurisprudence?”

In the administrative process, it is inevitable that powers, functions and responsibilities of a

superior officer are carried by another officer. This is done through a process of delegation

According to 1Black’s Law Dictionary 8th edition page 1,291 defines delegation to mean the act
of entrusting another with authority or empowering another to act as an agent or representative.
On the other hand, the same dictionary it page 1293 defines delegation of powers as transfer of
authority by one branch of government to another branch or to an administrative agency.
However, delegation may also be defined as a process by which the powers, functions and
responsibilities of a superior officer are performed by a subordinate officer. It therefore involves
transfer of tasks and action points from a superior officer to a subordinate.

Who can delegate;

Delegation of powers normally follows a 2chain of command. This is so in order to avoid
demoralization of the immediate subordinates. In the case of 3Jackson v Butterworths, it was
emphasized that where delegation is authorized, it should be exercised by transfer of powers to
civil servants within the Ministry and not to another Minister or local authority. It is therefore
expected that delegation be made to deputies or assistants depending on the organization
structure.
A senior officer delegates to a junior officer meaning that a junior officer cannot delegate
functions to a senior officer. When delegating, one should only delegate to his or her immediate
subordinate. One should also delegate to an individual and not a group because it is practically
impossible to hold a group accountable. This is what is known as chain of command

Administrative powers and functions in public offices are carried out by public officers. 4Article
175 of the Constitution of the Republic of Uganda 1995 defines public officer as any person
holding or acting in an office in the public service.

1
Blacks law dictionary 8th Edition
2
Montesquieu: The Spirit of the Law, book
3
Jackson v Butterworths
4
Constitution of the Republic of Uganda 1995
The administrative powers are usually entrusted to the 5Heads of Departments for example
Permanent Secretaries or Chief Administrative Officers. Below the Permanent Secretary or
Chief Administrative Officer, there are other public officers who exercise administrative
functions and powers.

The functions and powers of administrative officials are derived from Legal provisions, for
example the Permanent Secretary gets his/her powers from the provisions of the constitution in
its 6Article 174 of the Constitution of the Republic of Uganda 1995. There are also Acts of
Parliament that give Permanent Secretaries specific functions and powers. For example, 7
Section 10 of the Public Service Act 2008. Administrative instructions – These may allocate
duties and functions within a particular department. Successful delegation of authority requires
clearly defined expectations, progress monitoring and evaluation of the results.

8
Delegation of powers, functions and responsibilities is justified on a number of grounds. These
include:

a) Effective distribution of the work load. This enables various officers in departments to
contribute without a possibility of unbalanced sharing of tasks.

b) Personnel development: When you delegate tasks to your team members, employees get a
chance to improve their skills and demonstrate their abilities in a specific area, such as
leadership and interpersonal skills.

c) It promotes staff morale: makes officers feel wanted and responsible in the organization.

d) Raises level of efficiency in handling, executing policies and execution of laws.

e) Promotes accountability and transparency in public affairs.

5
The Public Service Commission Act
6
Constitution of the Republic of Uganda 1995
7
The Public Service Commission Act
8
Administrative Law and Practices in Uganda, Ayebare Tumwebaze
There are various methods of delegation of administrative powers. The method of delegation
may depend on statutory provisions or administrative procedures and practices. The usual
methods include:

a) Statutory Notices. There are requirements under various laws for gazetting of
delegation of powers. These require a notice to be published in the Uganda Gazette. For
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example, S. 32(4)(a) of the Local Government Act which states that the instrument of
delegation registered under subsection (3) shall be published in the following ways-

Where registered by the minister, shall be published by notice in the Gazette and in the
local media.
b) Circulars. Delegation which does not require gazetting may be effected through circular
notices. These are in-house notices for information of departmental staff.
c) Duty Instructions. Delegation may also be communicated to a subordinate through
instruction relating to duties to be performed. A schedule of duties may include
delegated powers, functions and responsibilities.

Difference between Agency and delegation;

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Scholars often confuse delegation and the principle of Agency. Agency loss provides a
common metric for their distinctions. Agency loss is the difference between the
consequences of delegation for the principal and the best possible consequence. In
principal-agent relationship when the agents actions diverge from the principal’s
interests, agency loss increases while in the principle of delegation, actions of the
delegate are implied to be as of the master.
The Principles of Delegatus non protest delegare

This is a Latin word that simply mean that a delegate cannot delegate. One to whom a power is
delegated, cannot himself further delegate that power.

The maxim is a principle in the constitutional and administrative law which means that a person
to whom an authority or decision-making power has been delegated to from a higher source,
cannot, in turn, delegate again to another unless the original delegation explicitly authorized it. In
9
Local Government Act
10
Arthur Lupia. 2001. "Delegation of Power: Agency Theory
simple terms, a delegate cannot re-delegate. The maxim is derived from and is most frequently
applied in matters relating to principal and agent but is not confined thereto. In general, the
maxim deals with delegation.

The administrative action would be held to be ultra vires because the decision was taken by a
person or body to whom the power did not properly belong: This maxim was well illustrated in
the case of 11Nazarali Hassanali Sayani Vs. Edward Mperese Nsubuga (1994) 6 KALR 50
[Byamugisha J.]

The plaintiff, an Asian, upon his application for repossession of his expropriated property, was
given a letter of repossession by the Minister of State for Finance. The Expropriated Properties
(Repossession and Disposal) regulations provided that it was the Minister of Finance to issue the
Certificate of Repossession. It was held that the letter of repossession was of no consequence
since it was not provided for in law. The Expropriated Properties (Repossession and Disposal)
regulations empowered only the Minister of Finance to issue a Certificate of Repossession. A
letter of repossession by a Minister of State for Finance was not provided for in law.

Non Delegation Doctrine

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Kampala All Reports
Its origins can be traced back to at least 1690 when John Locke wrote, “The legislature can’t
transfer power of making laws to any other hands for it being a delegated power from the
people, they who have it can’t pass it to others.”

The doctrine of non-delegation (or non-delegation principle) is the theory that one branch of
government must not authorize another entity to exercise the power or function which it is
constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions
that impose a strict structural separation of powers. It is usually applied in questions of
constitutionally improper delegations of powers of any of the three branches of government to
either of the other, to the administrative state, or to private entities. Although it is usually
constitutional for executive officials to delegate executive powers to executive branch
subordinates, there can also be improper delegations of powers within an executive branch.

”In the case of Field v Clark 143 US 649 (1892), Court noted; “that the congress can’t delegate
legislative power to the president is a principle universally recognized as vital to the integrity and
maintenance of the system of government ordained by the constitution.

In Uganda, Article 79(1) of the Constitution of the Republic of Uganda 1995 provide that the
parliament has the powers to make laws on any matter and that no person or body than it shall
have the power to do so except when it is constitutionally provided for. That implies that the
parliament cannot delegate its law making powers to any other arm or body or office except it is
provided for in the constitution.

However, there are measures put across to control delegated powers, these includes;

Statutory Prohibitions
An Act of Parliament may specifically prohibit the delegation of powers, for example, 12S.175(2)
of the Local Governments Act provides that: The Minister may lay statutory instrument and with
approval of Cabinet, amend, replace or revoke any of the schedules provided under this Act, and
the Minister shall not have power to delegate this function. This is an express prohibition to
delegation of the specified power.

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Local Government Act
Delegation within Limits
Delegated powers may also be exercised within the limits that are imposed by the officer who is
delegating powers. For example, S.174 of the Local Governments Act allows a Minister to
delegate powers and also to impose such conditions, exceptions or qualifications. Such
limitations may include requirements of consultations on some issues, reporting on how a power
is exercised, etc. See also S.32 of the local Governments Act

Delegation of Discretionary powers

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Powers As a general rule, delegation of discretionary powers is prohibited. This is so because it
offends the understanding on which such powers were given. A delegate is given powers on the
understanding that it will be exercised through personal judgment of that delegate.

Delegation of Judicial
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Powers Judicial powers involve discretions. These powers cannot be delegated. A judge or
magistrate cannot delegate his or her powers to a lower judicial or non-judicial officer.

Delegation may be cancelled

The officer with discretionary powers retains the power to recall the delegated powers. The
powers can therefore be cancelled or revoked at any time. The officer delegating powers can
exercise this power if and when he/she feels that the powers are not being exercised properly.

Responsibility
The transfer of powers, functions and responsibility does not take away the aspects of
accountability. The original holder of powers remains responsible and accountable for the
actions of the delegate. For example, accounting officers remain accountable to Parliament even
if they have delegated some of supervisory functions relating to accountability.

The laws of Uganda allow for delegation of some executive and administrative powers, for
example:

13
Aluyede, Administrative law in East Africa
14
Wade and Forsyth; Administrative law
Article 99(4) of the Constitution of the Republic of Uganda 1995 provides that the functions
conferred on the President as the Executive Authority of Uganda may be exercised by the
President directly or through officials subordinate to the President.

S.1 of the Transfer of Powers and Duties Act provides that: “Whereby or under any Act of
Parliament, the President is empowered to exercise any power or perform any duty, the President
may, by statutory order, transfer the exercise of that power or performance of that duty to an
Minister or public officer”

Section 32 of the Local Governments Act states that a minister responsible for a government
Ministry may, after consultation with the Minister of Local Government, delegate functions,
powers and responsibilities vested in that Ministry to a Local Government Council; and a Local
Government Council may delegate its functions, powers and responsibilities to a lower local
government council within its area of jurisdiction.

Section 29 of the Interpretation Act says that any power conferred or duty imposed on the
Attorney General by or under any Act may be exercised or performed by the Solicitor General: a)
in any case where the Attorney General is unable to act owing to illness or absence; and b) in any
case where the Attorney General has authorized the Solicitor General to do so.

Article 79(2) of the Constitution of the Republic of Uganda 1995 states that except as
provided in this Constitution, no person or body other than Parliament shall have power to make
provisions having the force of law in Uganda except under authority conferred by an Act of
Parliament

Conclusion Administrative delegation, is a legal and managerial instrument that is able to bring
about more quality both in policy making and in administrative decision making. Ultimately
delegation is also able to improve the quality of management and to increase administrative
efficiency of public institutions. However, the delegation challenges are still an issue, there is
need for the legislature to set standards to guide the agency. If the delegation can be sustained,
the question is whether the agency has properly implemented the power granted.