Kampala, Uganda | The Legal and Parliamentary Affairs Committee of Parliament has approved a proposal to merge six existing appeal tribunals into a single National Tribunal. This new entity will handle disputes arising from decisions made by various government agencies.
Chairperson Baka Mugabi, MP for Bukooli North, presented the report outlining the merger of the following tribunals: the Tax Appeals Tribunal, Electricity Disputes Tribunal, Public Procurement and Disposal of Public Assets Appeals Tribunal, Insurance Appeals Tribunal, Uganda Communications Tribunal, Retirement Benefits Appeals Tribunal, Capital Markets Tribunal, and the Seeds and Plants Tribunal.
The committee noted that these tribunals share similar structures and functions, each having a chairperson and a specific number of members, typically between three and seven. All are headed by a qualified advocate or a person eligible for appointment as a High Court judge. The MPs believe that a single, well-constituted tribunal with qualified individuals can efficiently perform the functions of all the existing tribunals.
The report emphasized that the proposed National Tribunal would retain the ability to co-opt experts when needed, similar to current practices among existing tribunals.
However, a minority report submitted by opposition MPs—Jonathan Odur, Richard Lumu, and Ssekitooleko Robert—expressed concerns regarding the legality of the merger. They argued that merging the Tax Appeals Tribunal, specifically established under Article 152 of the Constitution, undermines its constitutional basis.
They highlighted that this article mandates the establishment of tax tribunals and defines the types of tax disputes that may be addressed, indicating that taxation is a crucial government function deserving specific legislative provisions.
The minority report further cautioned that creating a National Tribunal risks blurring the distinctions between tribunals and courts, as tribunals are designed to provide quick and informal resolution mechanisms for specific disputes. The MPs asserted that combining these various tribunals into one would diminish the specialized nature and expertise that characterizes existing tribunals.
This proposed merger is part of a broader parliamentary initiative aimed at reducing duplication of roles among government agencies and optimizing resource allocation.
