The duty to consult is a fundamental principle of administrative
justice and democratic governance. It mandates public bodies to
engage with stakeholders before making significant decisions. This
principle ensures transparency, inclusivity, and well-informed
decision-making.
The courts in Uganda have been inconsistent in the application
of the duty to consult. While some judgments have upheld the
fundamental duty to consult the public on administrative matters,
other decisions undermine this very important obligation. The duty
should not be perceived to impede decision-making but as a
constitutional matter of good governance.
What is the Duty to Consult?
The obligation to consult requires public authorities to seek
input from affected parties before making significant decisions.
This process involves engaging stakeholders, considering their
views, and ensuring decisions are transparent and informed. The
objective is to prevent arbitrary or unfair decisions and
