Adequacy of the Legal and Institutional Frameworks Regarding Urban Land Complaint Hearing Body and Appeal Tribunal Under the New Expropriation Law: Special Attention to Addis Ababa City Administration
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Date
2025-04-01
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Addis Ababa University
Abstract
Presently, due to the development endeavors in urban areas, the urban landholder's property rights are under serious threat as a result of expropriation. A review of expropriation is vital in addressing grievances that arise due to the use of this intrusive power. This thesis tries to assess the effectiveness of administrative tribunals established to adjudicate expropriation disputes in Addis Ababa. The effectiveness of the tribunals is assessed by utilizing independence and impartiality as a parameter, along with other critical legal and institutional matters. The research employs qualitative methodologies. It is based on desktop research and an in-depth interview with key informants, alongside personal field observations. The study argues that the effectiveness of the administrative tribunals put in place to adjudicate expropriation disputes is significantly undermined by the diminished independence and
impartiality of the tribunals. The study moreover argues that the tribunal's independence and impartiality were eroded by the incongruent membership appointment, loosely designed membership composition, and absence of the requirement for membership among others Furthermore, the study enunciates that a lack of clarity and disparity in practice regarding the scope of power, as well as the procedural rules applied in adjudication, affected the tribunals' effectiveness. The study further elucidates a spectrum of persistent institutional and operational challenges that constrain tribunal effectiveness. This study recommends legislative review to enable the tribunals to have a diverse composition of members to enhance specialized expertise, to enumerate membership requirements to have members who have the required integrity and capacity, and to minimize procedural rigidity to enhance accessibility. Furthermore, improvements in the implementation of the laws also needed to be considered in order to bolster the tribunal's effectiveness
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Keywords
Expropriation, Expropriation Disputes, Dispute Resolution, Administrative Tribunals, Independence and Impartiality