
Ready to Master the Art of Persuasive Communication? Unlock Your Success Today!
This is a comprehensive guide to tribunals.
In this guide you will learn;
let’s get started
Jump to section
Transform Your Communication, Elevate Your Career!
Ready to take your professional communication skills to new heights? Dive into the world of persuasive business correspondence with my latest book, “From Pen to Profit: The Ultimate Guide to Crafting Persuasive Business Correspondence.”
What You’ll Gain:
A tribunal is an independent adjudicatory body that is normally set up by statutes to deal with certain disputes arising under a particular area of law or statute.
Tribunals share almost similar features with ordinary courts but are not courts per see.
They are quasi-judicial bodies with powers emanating from the statute.
Examples of tribunals are;
The following are the reasons for establishing tribunals
The following are the difference between courts and tribunals
In the case of State of Mysore v Shivabasappa AIR 1963 SC 375 it was stated;
“Tribunals exercising quasi-judicial functions are not courts and therefore they are not bound to follow the procedure prescribed for trial of actions in courts nor are they bound by strict rules of evidence.
They can, unlike courts, obtain all information material for the points under inquiry from all sources, and through all channels, without being fettered by rules and procedures which govern proceedings in court.
In discharging their powers, tribunals are not required to adhere to technical and strict rules of evidence.
Therefore hearsay evidence, Admissibility of documents, the issues of burden of proof, etc can be decided depending on the circumstances of the dispute and not relying on the strict rules of evidence.
The only obligation which the law casts on them is that they should not act on any information which they may receive unless they put it to the party against whom it is to be used and give him a fair opportunity to explain it.
What is a fair opportunity must depend on the facts and circumstances of each case but where such an opportunity had been given, the proceedings are not open to attack the ground that the inquiry was not conducted in accordance with the procedure followed in courts.
When deciding any matter before it, an administrative tribunal is expected to give reasons for any decision made.
Giving reasons is considered one of the cardinal principles of natural justice.
This duty was emphasized in the case of M.P. Industries v Union of India, AIR 1966 SC 671 where it was stated that;
“The condition to give reasons introduces clarity and excludes or at any rate, minimizes arbitrariness; it gives satisfaction to the party against whom the order is made, and it also enables an appellate or supervisory court to keep the tribunals within bounds.
A reasoned order is a desirable condition of judicial disposal”
The decision of the administrative tribunal can be challenged in the following ways;
An appeal is a constitutional right. However, one cannot enforce this right on the basis of the Constitution. One can appeal against the decision of the Tribunal if the law established that Tribunal or that empowers its adjudicatory functions gives room for appeal. The right to appeal is not inherent. It originates from the statute.
Read also: what is an appeal and how it works
Decisions made by administrative tribunals can be revised by higher authorities or ordinary courts of law upon application from the party which is dissatisfied with the decision of the particular tribunal.
The law may grant supervisory power which gives a mandate to the court to call for the records of proceedings of a particular tribunal and satisfy itself with the way the decision was reached. Such supervisory power can go to the extent of reversing the decision which was made.
The Tribunal may, on application by any party to the dispute or on its own motion, revisit its own decision and correct any error made when making such a decision. This is what is termed a review.
Sometimes the tribunal on its own motion and where the law provides for the same may refer its decision to the Higher authority or ordinary court of law so that the latter can satisfy itself on the way proceedings were conducted or seek for the proper interpretation of the law.
Judicial review is the power vested in the High Court.
Tribunals may be challenged in this way where;
The statute does not provide for a right to appeal, revision, or reference to any higher authority against the order passed by an administrative tribunal or authority
The statute expressly provides that the decision made by the administrative tribunal or authority is final and conclusive.
In the case of Tanzania Air Service Ltd v Minister for Labour and 2 others [1996] TLR 217, the Court stated that;
The provision that the…decision is final and conclusive does not mean that the decision cannot be reviewed by the High Court; indeed no appeal will lie against such a decision but an aggrieved party may come to the High Court and ask for prerogative orders.
Although some of the Tribunals have been given the power to give decisions that are final and conclusive, such decisions can be quashed by the court where these tribunals exceed their jurisdiction.
If at all individuals would have not been given the opportunity to challenge the arbitrariness of some of the decisions of administrative tribunals, then the fate of justice would be put into jeopardy.