The Role of Inquiries in Decision Making in East Africa
| DOI | 10.1177/002085237303900204 |
| Published date | 01 June 1973 |
| Author | Abraham Kiapi |
| Date | 01 June 1973 |
| Subject Matter | Articles |
The
Role
of
Inquiries
in
Decision
Making
in
East
Africa
UDC
35.072.534:
351.9
(6-11)
by
Abraham,
KIAPI,
Lecturer
in
Law,
Makerere
University,
Kampala
INTRODUCTION
Primarily,
inquiry
is
a
device
used
for
giving
a
fair
hearing
to
objectors
before
the
final
decision
is
made
on
some
important
matter.
It
is
used
for
assuaging
the
feelings
of
the
citizen
and
giving
his
objections
the
fairest
possible
consideration.
But
inquiries
are
also
a
very
necessary
instrument
of
the
adminis-
trative
process
by
aiding
the
decision
maker
to
collect
as
much
information
as
possible
before
reaching
a
decision.
This
role
can
best
be
illustrated
by
giving
statutory
examples.
Licensing
Three
broad
categories
of
inquiries
can
be.
identified.
In
the
first
category
falls
the
type
of
inquiry
or
hearing
that
is
conducted
before
the
government
issues
a
licence.
In
many
cases
it
is
very
necessary
that
full
information
about
the
applicant,
his
resources,
good
be-
haviour,
reliability,
and
other
qualities
should
be
obtained
before
allowing
him
to
do
some-
thing
which
is
otherwise
prohibited
or
which
can
better
be
carried
out
by
another
individual.
That
the
public
interest
will
not
suffer
by
granting
the
licence
must
also
be
found
out.
For
instance,
the
transport
licensing
authorities
in
East
Africa
are
required
by
law
to
take
into
account
many
factors
before
exercising
their
discretion
of
granting
a
licence:
(a)
the
neces-
sity
or
desirability
of the
proposed
service,
(b)
prevention
of
uneconomic
competition,
(c)
the
transport
needs
of
the
area
to
be
served,
(d)
the
applicant’s
reliability,
financial
stability,
the
facilities
at
his
disposal
for
carrying
out
the
proposed
services,
and
(e)
the
suitability
of
the
route
including
the
conditions
of
the
roads.
The
transport
licensing
authority
cannot
answer
these
questions
adequately
unless
it
investigates
and
finds
out
all
the
necessary
in-
formation.
The
hearing
for
the
grant
of
a
licence
therefore
takes
the
form
of
an
inquiry.
The
various
applicants
are
heard;
objections
to
granting
them
the
licence
are
also
heard
and
the
authority
can
go
back
and
find
out
further
facts
before
finally
deciding
to
whom
to
grant
the
licence.
The
same
procedure
is
followed
in
granting
liquor
licences.
Another
good
example
is
afforded
by
the
licensing
of
explosive
factories
and
magazines.
In
all
three
countries
every
person
who
desires
to
establish
or
erect
any
factory
for
the
manufacture
of
explosives
is
required
to
make
an
application
in
writing
to
the
official
responsible
for
licensing
explosives
(1).
The
authority
may
refuse
the
application
or
direct
that
an
inquiry
be
held
as
to
the
expediency
of
granting
the
application.
If
he
directs
that
an
inquiry
should
be
held,
the
authority
is
required
to
cause
a
notice
to
be
published
in
the
Official
Gazette
and
once
a
week
for
three
consecutive
weeks
in
one
or
more
news-
papers
circulating
in
the
area
in
which
it
is
proposed
to
erect
or
establish
the
factory.
The
notice
is
published
at
the
expense
of the
appli-
cant.
The
notice
must
state
that
an
application
has
been
made
for
the
grant
of
a
licence
to
erect
a
factory
for
the
manufacture
of
explo-
sives,
describing
as
far
as
possible
the
proposed
site
of
the
factory.
The
notice
further
states
that
a
commission
will
sit
to
hear
any
objections
to
the
grant
of
such
a
licence,
and
the
date,
time,
and
place
on
or
at
which
that
commission
will
sit
to
hear
the
application.
The
local
authority
having
jurisdiction
in
an
area
in
which,
or
within
one
mile
of
which,
the
site
is
to
be
situated
may
lodge
an
objection
in
writing
to
the
grant
of
any
such
licence
with
the
chairman
of
the
commission
not
later
than
seven
days
prior
to
the
sitting
of
the
com-
mission.
Right
of
objection
is
also
granted
to
any
person
residing
or
carrying
on
business
within
a
mile
of
the
proposed
site
or
any
person
who
can
show
a
substantial
interest
in
opposing
the
grant
of
the
licence.
The
inquiry
commission
consists
of
an
inspector
who
is
chairman
and
two
other
per-
sons
appointed
by
the
licensing
authority.
It
(1)
See
for
instance,
the
Uganda
Explosive
Act
(Cap.
309),
Sections
4-25.
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