Administrative and Appeals Tribunal

Question

As has been stated above, administration tribunals are non-judicial control mechanisms through which administrative action is controlled. Administrative tribunals are simply public agencies created by specific enactments (laws) with a special function of adjudicating over administrative disputes.
As regards tribunals, there is what is known as administrative tribunals and what are known as administrative appeals tribunals.
Administrative Tribunals
The administrative tribunals do not review decisions of people in authority presented to them by an aggrieved person by way of appeal.
Administrative tribunals are of two kinds. There are those which are established on permanent basis with permanent staff such as the lands tribunal. Then there are those which are established on an ad hoc (temporal) basis that is, as and when there is a matter to be investigated. An example of an adhoc tribunal is the Ministerial and Parliamentary Code of Conduct Tribunal that is established by the Chief Justice pursuant to section 14 of the Ministerial and Parliamentary Code of Conduct Act Cap 16 of the laws of Zambia.
explain what is been talked about

Answer 1

The text discusses the concept of administrative and appeals tribunals, which are specialized bodies that handle disputes related to administrative actions. Here’s a breakdown of the key points:

1. Definition of Administrative Tribunals: These tribunals are non-judicial entities established by law to oversee and adjudicate matters concerning administrative disputes. They serve as a mechanism to ensure that administrative actions (decisions taken by public authorities) are fair and adhere to the law.

2. Types of Administrative Tribunals:

   • Permanent Administrative Tribunals: These tribunals have a continuous existence and are staffed with permanent personnel. An example given is the lands tribunal, which regularly handles cases related to land disputes.
   • Ad Hoc Administrative Tribunals: These are temporary tribunals set up to address specific issues or cases that arise. They are convened as needed and disbanded when their purpose is fulfilled. The example provided is the Ministerial and Parliamentary Code of Conduct Tribunal, created by the Chief Justice under a specific legislation when necessary to investigate violations of a code of conduct.

3. Functionality: Unlike traditional courts that often handle appeals from subordinate bodies, administrative tribunals primarily deal with cases directly, addressing disputes between individuals and administrative authorities without necessarily being an appeals process. They provide a more accessible, specialized forum for resolving administrative issues.

In summary, the text outlines the structure and function of administrative tribunals, distinguishing between their permanent and temporary forms, and highlights their role in overseeing administrative actions to maintain accountability and fairness.