Key principles in Law and Administration of Justice
The institutions that are involved in law and administration of justice carry out functions that directly or indirectly affect the rights of the citizens.
The Constitution of Uganda, prescribes and guarantees the fundamental human rights to be enjoyed by citizens.
Chapter four of the Constitution among others guarantees the following rights-
i. the right to life
ii. the right to equality before the law
iii. freedom from discrimination
iv. the right to liberty
v. the right to a fair trial
vi. freedom of association
vii. right to property
Other rights guaranteed by the Constitution that are important to the administration of justice include:
- Promotion of reconciliation and administration of justice without being stopped by technicalities.
- The right to a fair, speedy and public hearing before an independent and unbiased court or tribunal.
- Provision of adequate time and facilities for an accused person to prepare a defence.
- Right to being represented by a lawyer paid for by the State if the maximum punishment for the offence is death or life imprisonment.
- The right to an interpreter during court proceedings.
- Right of access to a lawyer, relatives and to medical treatment when in police custody or in prison.
Some of these principles are based on what are referred to as principles of natural justice.
Principles of Natural Justice
In doing their work, the institutions involved in law and administration of justice must adhere to the principles of natural justice. These principles are intended to ensure fairness in the resolution of disputes and determination of rights and obligations. Some of the principles of natural justice were incorporated in the Constitution of the Republic of Uganda.
For instance, the Constitution provides that in the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.
This constitutional requirement applies to the courts sitting in a judicial capacity and to all tribunals with judicial or quasi-judicial powers.
Quasi-judicial bodies are administrative or official bodies or persons that have powers to make judicial decisions that affect the rights of others. For instance, disciplinary committees, such as that of the Law Council, the Police Disciplinary Court, the Public Service Commission, Judicial Service Commission; and the Medical and Dental Practitioners Board have quasi-judicial powers.
The Constitution of Uganda also provides that a person appearing before an administrative official or body has the right to be treated justly and fairly.
This means that principles of natural justice must be observed in the making of administrative decisions. For example, employers must follow principles of natural justice in taking disciplinary action against employees.
The right to natural justice must be observed at all times even if the law or Act of Parliament being applied mentions it or not.
Decisions made in breach of the principles of natural justice can be challenged in court or in a higher body and may be nullified and set aside.
Failure to follow principles of natural justice may result in court legal action being taken against the body in breach. Court may order such a body to pay compensation to the aggrieved party.
The various rules or principles that constitute the concept of natural justice are discussed below:
Rule against bias
There is an old legal principle that “no person should be a judge in his or her own cause.”
A judicial officer or any person exercising quasi-judicial powers should not preside over a case in which he or she may be biased.
This rule also extends to cases where the judicial officer may be suspected to be biased.
For instance, a judicial officer should not hear a case involving a company in which he or she is a director. It would be suspected that the judicial officer is likely to be biased.
Another example could be where a member of a quasi-judicial body participates in a panel hearing a case against another member, for breach of professional ethics when it is he or she is a business rival. Natural justice demands that the person likely to be biased should step down from determination of the matter.
The guiding principle is that “Justice must not only be done but should be seen to be done.”
The right to be heard
Another vital element in the concept of natural justice is the right to be heard.
It is a fundamental requirement that both sides to a dispute should be heard – the accuser and the accused.
In other words, no person should be condemned unheard. After one side has stated its case, it is a must that the other side should also be heard if a just decision is to be reached.
However, if a party refuses to attend court after he or she has been notified of the case or matter hearing date, court in such a situation may hear the case in absence of that party.
Natural Justice is not limited to cases of where there is an accuser and accused.
It applies in all cases where there is a dispute or determination of rights and obligations.
Right to notice
In order to ensure a fair hearing, judicial or quasi-judicial bodies must issue notice of accusations to the accused party.
The accused party must also be given opportunity to prepare a defence.
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