Administrative Law

2074 WordsMar 15, 20139 Pages
QUESTION: Discuss the salient dimensions of administrative justice and making reference to case law highlighting the most important rights linked to administration of justice. AUTHOR: KATALILO JOY INTRODUCTION This paper will be a discussion of the leading dimensions of administrative justice and will highlight the fundamental rights linked to administration of justice. Governments exist to provide guidance to its people. In fulfilling this important duty, governments make decisions that affect the members of society. The government makes decision through its various agencies. These agencies are given powers which fall under the legislature and the judiciary. The legislative powers of the agency gives it authority to…show more content…
In the case of the The Attorney-General v Steven Luguru[4], the Lands tribunal’s decision to award a sitting tenant of Tanzanian citizenship the right to purchase a government pool house was challenged in the High Court of Zambia by the Government and the lands tribunal was ruled to be operating outside its jurisdiction. The tribunals are usually composed of members who are non lawyers except maybe of the Chairman and the membership is not full time. The procedure adopted is simpler and more flexible than the courts of law as the onus is primarily on the parties to adduce evidence and argument to the tribunal. The drawback on tribunals is that they usually deal with specific issues as defined in the empowering legislation. For example the lands tribunal can only deal with matters emanating from the Land Act. c) The Ombudsman It should be noted that grievances from the public on administrative agencies fall in two parts. The first being one were the aggrieved part wants a review of the decision made with the hope of achieving a reversal of the decision. In such a case, the correct process is an appeal and this is were tribunals come in or indeed courts of law through judicial review. The other form of grievance is were the complaint is based on the maladministration in the exercise of administrative power. This maybe prolonged delays in reaching a decision or discrimination against the aggrieved person. The later type of
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