Orima & Co Advocates

The Electricity Disputes Tribunal

The Electricity Act, Chapter 145 of the  laws of Uganda was enacted in 1999 and  amended in 2022. Its objective is to  regulate the generation, transmission,  sale, export and distribution of electrical  energy in Uganda, among others. 

The Act establishes the Electricity  Disputes Tribunal1 (‘Tribunal’) whose  mandate is to hear and determine all  matters referred to it relating to the  electricity sector.2 However, this  mandate does not extend to hearing any  dispute that a licensee and any other  party may have agreed to settle in  accordance with their agreement.3 

Composition of the Tribunal 

The Tribunal is composed of a  chairperson, a vice chairperson and five  other members. The Tribunal sits in  panels and can therefore hear or  adjudicate over different disputes  simultaneously. The quorum for the  Tribunal is three members.4 

Registrar of Tribunal

The tribunal has a registrar who shall be  responsible for the day-to-day  administration of the tribunal, the keeping  of a public record of the decisions of the  tribunal and the processing of the  documentation of the tribunal.  

When to Resort to The Tribunal In exercise of its jurisdiction, the Tribunal  has all powers of the High Court. A person may resort to the Tribunal in  instances where they are aggrieved by: – 

A directive/decision by the Electricity Regulatory Authority (ERA);

  • The refusal by the Authority to grant a license;
  • An order to comply with a particular condition;
  • The revocation of a license by the tribunal;
  •  An order to modify the terms and conditions of a license;
  • The Authority’s refusal to modify conditions of a license that he/she feels has become unduly onerous;
  • The Authority’s refusal to transfer a license to another.
  •  The use of land for installation and maintenance of electricity power supply lines in, over or upon any land;
  • Terms set by the Uganda Land Commission or the District Land Board to use land;
  • The Authority’s removal or alteration of the route of any electrical power supply line; and
  • Any question as to entitlement to compensation to the right of use or as to the sufficiency of compensation to a consumer who has suffered damage or loss caused by the negligence of the holder of the electricity power supply license.

The Hearing Process

The procedure for conducting matters before the Tribunal is as follows:

  • A written complaint is filed at the Registry of the Tribunal;
  • The complainant shall, within fifteen (15) days after filing a complaint with the Tribunal, serve a copy of the complaint on the Respondent;
  • The Respondent shall acknowledge receipt of service of the complaint by signing a copy of the notice;
  • The Respondent shall then, within twenty-one (21) days after service of the complaint, respond to the complaint in writing. This time for filling a response may be extended where there is reasonable cause;
  • Where after the expiration of the twenty-one (21) days the Respondent does not file a response, the Tribunal may, if satisfied that the complaint was duly served upon the Respondent, proceed to decide in favour of the complainant;
  • However, where a response is filed, then the Tribunal shall hold a scheduling conference to sort out the points of agreement, the possibility of mediation, arbitration and any other form of settlement;
  • Where the parties fail to reach an agreement after the scheduling conference and alternative dispute resolution is not an option, the Tribunal shall fix a hearing date and notify the parties of the hearing date and the Registrar shall give the parties not less than seven (7) days’ notice of the date fixed for the hearing;
  • The Tribunal shall then sit and proceed to hear the dispute;
  • At the hearing, the Complainant shall be heard first followed by his/her witnesses if any. At the close of the evidence of the complainant, the Respondent shall then be given an opportunity to question the complainant and their witnesses; and
  • The Respondent’s case will then be heard, and the hearing concluded. The tribunal shall then pass a decision which shall be binding if passed by the majority of the members.

 
Review / Appeal
The Tribunal may, on its own motion or upon application by an aggrieved party, review its ruling and orders. However, any person aggrieved person by a decision of the Tribunal may, within thirty days from the date of the decision or order, appeal to the High Court.