The High Court in Kampala Civil Division has ruled that the National Bureau for Non-Governmental Organization’s action of indefinitely suspending the operations of Chapter Four Uganda in the country was too irregular and uncalled for.
While making his ruling on Monday, Justice Musa Ssekaana said according to the pieces of evidence that were brought before the court, they showed that the respondent (NGO Bureau) suspended the applicant (Chapter Four Uganda) indefinitely which was irregular due to the lack of any timeframe and yet the said suspension was intended to allow ‘comprehensive investigations into their operations to enable the bureau to determine whether or not to revoke the NGO permit and cancel the registration.’
He added that the respondent should accord the applicant a hearing and conclusively deal with issues at hand justly and fairly because the law expects that public functionaries would approach the decision-making process with an open mind.
“Reason and justice and not arbitrariness must inform every exercise of discretion and power conferred by statute,” Ssekaana said.
According to the court, a just or correct decision means that the decision-maker must inter alia interpret his or her authoritative power correctly, correctly assess the surrounding facts and circumstances, consider relevant factors and disregard irrelevant factors.
“In the final analysis, I find some merit in this application to the extent that the decision to indefinitely suspend the applicant was irregular because of its indefinite nature and yet it was intended to ‘allow comprehensive investigations into their operations and the respondent is ordered to hear the applicant within one month. Each party should bear its costs. I so Order,” he ruled.
Last year in September, government indefinitely suspended the operations of 54 Non-governmental Organizations (NGOs), and among those that were affected included Citizens Coalition for Electoral Democracy in Uganda (CCEDU) and Chapter Four Uganda.
According to the National Bureau for NGOs, the affected NGOs failed to comply with the laid down doctrines, they failed to file their annual returns and audited books of accounts, It also added that others were operating with expired permits.
As a way of retaliating against the government’s decision, Chapter Four Uganda through their lawyers AF Mpanga Advocates- Mr Daudi Mpanga & Mr Apollo Katumba and ALP Advocates Mr Francis Gimara (SC) assisted by Mr Lastone Gulume filed a petition in the High court civil division challenging the government’s decision to indefinitely suspend their operations in Uganda.
In their petition they wanted the court to issue an order of mandamus ordering the respondent to receive the applicant’s application for renewal of a permit to operate as a Non-Governmental Organization and to consider the application for renewal of the permit in accordance with the provisions of the law.
They also wanted a permanent injunction to be issued restraining any government department, any government agency, any government authority, any government official, their respective officers, servants, agents, representatives, or any person from implementing, applying, using or relying on the impugned orders and/or decisions communicated in the respondent’s letter dated August 18, 2021, and referenced ADM/NGOB/42/40/40 and from halting the applicant’s operations and/or transactions.
An order to be issued that: The respondent pays general damages arising from the matters herein and interest thereon. And the respondent to pay the costs of this application, unfortunately, the court asked both parties to pay their costs.
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