Parliament Blocks National Tribunal Bill, 2024 Over Constitutional Concerns

Parliament has rejected the National Tribunal Bill, 2024, which proposed establishing a single tribunal to streamline tax and dispute resolutions across multiple sectors. The bill, intended to replace the Tax Appeals Tribunal Act, the Electricity Disputes Tribunal Act, and others, was blocked on grounds that it contravenes Article 152 (3) of the Constitution.

During the bill’s second reading on October 24, 2024, the Committee on Legal and Parliamentary Affairs presented its report alongside a minority report led by Hon. Jonathan Odur (UPC, Erute County South). Odur argued that consolidating existing tribunals into a single body risks constitutional conflict, as Article 152 specifically empowers distinct tax tribunals. He noted that taxation is essential to government operations and stressed that the framers of the 1995 Constitution dedicated an article to it, underscoring its importance.

Odur also criticized the committee’s limited consultations, pointing out that tribunals such as those handling Public Procurement, Insurance Appeals, and Retirement Benefits were not consulted. He noted that the Uganda Revenue Authority (URA), a key tax stakeholder, was also excluded from discussions due to time constraints.

The bill’s Certificate of Financial Implication, issued by the Finance Ministry, was deemed insufficient as it only covered the Tax Appeals and Electricity Disputes Tribunals, omitting others. Hon. Joel Ssenyonyi, Leader of the Opposition, argued that this omission violates the Public Finance Management Act, rendering the certificate “defective.”

Speaker Anita Among urged Justice Minister Norbert Mao to withdraw the bill for reconsideration, citing a need for clearer drafting. Mao agreed to re-table a revised version, stating, “We will come back better and stronger.”

Committee Chair Hon. Stephen Mugabi Baka defended the bill, asserting that the constitution allows multiple tribunals for tax dispute settlement and does not mandate a single entity. However, Hon. Wilfred Niwagaba (Ndorwa County East), Shadow Attorney General, countered that implementing a unified tribunal requires a constitutional amendment.

The bill aimed to support the Government Policy for Rationalisation of Government Agencies and Public Expenditure (RAPEX), adopted by the Cabinet in 2021 to improve public spending efficiency.