Nature and Status
The Administrative Tribunal is an autonomous body of the African Development Bank (AfDB) and its decisions are binding, final and without appeal. The Administrative Tribunal is made up of six judges of whom three form a quorum to hear a case. The Statute of the Tribunal provides for the independence of the Judges of the Tribunal.
The Secretariat of the Tribunal is headed by an Executive Secretary appointed by the AfDB’s President after consultation with the President of the Tribunal.
The Administrative Tribunal of the AfDB is pleased to inform all international regional organizations that they may become a member of its Tribunal for the settlement of disputes related to their staff.
Jurisdiction and applicable law
The Tribunal has jurisdiction under its Statute to hear and pass final judgment on applications by staff members contesting administrative decisions, for non- observance of their contracts of employment or the terms of their appointment, where the cause of action arose after 1st January, 1998. Matters which may fall within the jurisdiction of the Tribunal include, for example, decisions regarding the payment of staff benefits, promotion, performance evaluation, separation from the service of the Bank, as well as disciplinary measures taken against a staff member.
The Tribunal’s decisions are based on the internal laws of the AfDB. This comprises the Agreement Establishing the African Development Bank, the Bank’s Regulations and Rules including Instructions issued by the President of the Bank. To interpret internal legal texts and rules of the AfDB, the Tribunal may draw on the jurisprudence of similar international institutions. The Tribunal applies generally recognized principles of international administrative law concerning the resolution of employment disputes of staff in international organizations.
Composition of the Tribunal
The Administrative Tribunal comprises six (6) judges appointed by the Board of Directors of the AfDB from a list of candidates drawn by the President of the AfDB after appropriate consultation.
Currently, the Tribunal comprises:
- A President in the person of Professor Yadh Ben Achour, a Tunisian national, who holds a Doctorate in Law, from the University of Paris, France. He served in the following positions :
- Dean of the Faculty of Legal, Politic and social sciences of Tunis.
- Advocate in International Court of Justice, The Hague.
- A Vice-President in the person of Justice Salihu Modibbo Alfa Belgore, of Nigeria, and Chairman of the Nigerian Institute for Advanced Legal Studies. He also served in the following positions:
- Chief Justice of the Supreme Court of Nigeria;
- Judge of the Supreme Court of Nigeria;
- Justice of the Court of Appeal;
- Chief Judge Plateau State;
- Governor of the National Judicial Institute.
- Justice Benjamin Joses Odoki from Uganda is currently Chief Justice of the Supreme Court of the Republic of Uganda and Judge of the Supreme Court of Swaziland. He has been awarded the Gusi International Peace Prize in Manila, Philippines, as well as being conferred with an honorary Degree of Doctor of Laws LLD, (honoris causa) by the Commonwealth University in the UK (2013). He has served in the following positions:
- Chairman, Uganda Constitutional Commission
- Justice of the Supreme Court of Uganda
- Director of Public Prosecution in Uganda
- Director of the Law Development Center, Uganda
- Chairman, The Uganda Law Council
- Member, Permanent Court of Arbitration, The Hague, Netherlands
- Chairman, Editorial Board of Uganda Law Reports
- Lecturer and External Examiner, Law Faculty, Makerere University, Uganda
- Justice Anne L. Mactavish, of Canadian and British nationality. She is currently a Judge of the Federal Court of Canada and has held the following positions:
- Judge of the Court Martial Appeal Court of Canada
- Judge of the Federal Court and Member ex officio of the Federal Court of Appeal
- Chairperson, Canadian Human Rights Tribunal
- Past President of the County of Carleton Law Association
- Past President of the Canadian Institute for the Administration of Justice
- Past Associate and Partner, Perley-Robertson, Panet, Hill & McDougall
- Justice Leona Valerie THERON, of South African nationality. She is currently a Judge of the Supreme Court of Appeal of South Africa. Her areas of expertise include civil and criminal litigation, administrative law, labor law and social justice. She has held the following positions:
- Judge of the High Court of South Africa
- Advocate of the High Court of South Africa
- Judge of the White Commission
- Former Head of a special task force of the Commonwealth Magistrates and Judges Association
- Ombudsman for Long Term Insurance
- Member of the South African Judicial Education Institute
And three (3) other judges:
The process for the appointment of one other Judge is on course.
The Secretariat of the Administrative Tribunal of the African Development Bank is headed by an Acting Executive Secretary in the name of Ms. Mariam Diawara of France. Secretary to the Sanctions Appeals Board and former Chief Legal Counsel at the Administrative Affairs Division.
Relation to Other Mechanism of Recourse
The Administrative Tribunal is the final step in the recourse mechanism for aggrieved staff members. It is a condition for resort to the Tribunal that all available administrative remedies be exhausted or that the Applicant and the Bank agree to submit the application directly to the Tribunal. The Administrative review process has been revised to take account of the establishment of the Tribunal. For non-disciplinary cases, a staff member with a grievance submits it directly to the Vice-President in charge of personnel matters and all the way through the Staff Appeals Committee if necessary. The staff member only then has the right to appeal the final decision of the President to the Tribunal. In disciplinary cases, an aggrieved staff member may appeal against a disciplinary sanction taken by the President by filing an application to the Tribunal. Where provision has been made for a specialized appeals mechanism to deal with specified matters such as job evaluation, or the Staff Retirement Plan, an aggrieved staff member shall have recourse to the specialized appeals mechanism, with a right to seize the Administrative Tribunal. Some of these recourse mechanisms are permanent:
- Staff Appeals Committee
- Disciplinary Committee
- Pension Appeals Committee
Others can be created as needed and in order to resolve specific issues:
- Special Job Classification Appeals Committee
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