By Our Correspondent
T he ruling by the Uganda High court in Kampala of July 7, 2023 that embattled National Organisation of Trade Unions (NOTU) Chairman General Mr Usher Wilson Owere was illegally removed from office by the federation’s General Council of November 22, 2022, has complicated matters.
NOTU leaders that included former Secretary General Hon. Peter Werikhe Christopher and Vice Chairman General Hon. Stephen Mugole presided over an explosive General Council that unanimously passed a vote of no confidence in Usher Owere. NOTU affiliates accused Owere of dictatorship and turning NOTU into personal property, failure to conduct meetings properly, abusing his powers and violating the federation’s constitution by declaring himself NOTU WRANGLES: Owere wins in court as unions plot ouster titular head of NOTU.
Enragd and disgruntled Usher Owere sought legal redress through Peter Okello Jabweli of Okua and Company advocates in bid to reverse his sacking and declare the General Council meetings that suspended him null and void.
In his ruling Justice Musa Ssekaaana declared that the November 15, 2022 General Council was illegal as it was convened by Acting Secretary General Mr Tom Amiti who had no mandate to convene NOTU meetings. He ruled that all the outcomes of the General Council meetings which resolved to sack Owere and appoint officials in acting capacities are null and void. Justice Ssekaana also ruled that the consultative meeting convened by Gender, Labour and Social Development Minister Hon. Betty Amongi on January 9, 2023 that recognized the new leadership was illegitimate and inconsequential. A declaration doth issue that the purported removal of the applicant from the office of NOTU Chairman General was unfair, unjust, malicious, irrational and illegal , and all together contravenes the principle of a fair hearing and natural justice,” he declared.
But National Organisation of Trade Unions (NOTU) Acting Secretary General Mr Richard Bigirwa told the Workers Eye that they would appeal just a day after the ruling was delivered electronically. He said NOTU affiliates suffered much from Covid – 19 pandemic and when they thought they could resettle and organise themselves they have been embroiled in endless wrangles spearheaded by Usher Wilson Owere. Mr Bigirwa, evidently dissappointed and enraged, said NOTU affiliates have been provoked, duped and taken for granted by Usher Wilson Owere who thinks the deferation cannot exist without him.. ” NOTU affiliates have been provoked, duped and taken for granted for a long time and are determined to throw out Owere once and for all,” he said.
A cross section of NOTU affiliates who preferred to remain anonymous , condemned Usher Owere for the mess in NOTU. Affiliates have vowed that Usher Owere can only pray for getting some money if he wins the appeal but they are determined to vote him out of NOTU in disgrace. They said Usher Owere is part and parcel of retrogressive elements in NOTU that have mismanaged the federation and is still determined to remain in office against the wishes of affiliates. Former NOTU Secretary General Hon Peter Werikhe Christopher said Usher Owere should leave NOTU leadership to young people who are dynamic and progressive to steer the federation to posterity. Hon Werikhe said Mr Owere has become a liability to the federation after messing up NOTU and should
retire and try farming in Tororo under the Parish Development Model.
He said:” the only remedy available
for former NOTU Chairman General
, is pocketing a few shillings if he
wins the appeal but in the end Usher
Owere would still be thrown out in
disgrace.
The Workers Eye conducted a
survey on a cross section of NOTU
affiliates on what they perceive as
effects of the court ruling in favour
of Usher Owere and many said the
verdict complicates the reconciliation
and unity spirit.
Majority of the NOTU affiliates said
reconciliation will be far – fetched
due to the hostility growing day by
day and both Werikhe and Owere
are culpable for the mess in NOTU.
Some NOTU leaders who preferred
to remain anonymous lashed at
Hon Werikhe for mismanaging the
federation’s finances and for jointly
with Owere, selling its property
including NOTU land in Njeru.
Addressing the media after court
ruled in his favour Usher Owere was
concerned that the development was
opening old wounds and escalating
hostility.
He said although justice
has prevailed he is open to dialogue
with his opponents with view to
promoting reconciliation and unity in
the federation. But Owere’s detractors
dismissed him as a joker who has
inflicted damage on his victims and
is trying to cool opponents from
retaliation .
They vowed to throw him
out once and for all.
The matter for contention now
is whether the embattled NOTU
Chairman General has any chances
of surviving the axe of enraged,
disgruntled and reloaded affiliates.
Acting Deputy Chairperson Union
Government and Allied Workers
Union (UGAWU) Mr Emmanuel
Katto, an ardent supporter of Usher
Owere, said at long last justice has
prevailed and sanity should reign in
the federation.
He said the ruling should give
lessons to trade unionists to learn
that they should always follow
NOTU constitution and interpret it
in context to avoid being embarassed
before the public.
” By the court ruling putting aside
all the resolutions of November
15, 2022 and January 9, 2023, Mr
Usher Owere is till NOTU Chairman
General,” he said.
But the interpretation of the ruling
and views from legal experts
indicates that after NOTU
leadership appealed against Owere’s
ruling, the staus quo remains, that
Usher Owere is still suspended until
the appeal is disposed.
An anonymous trade unionist
posted on Labour platform saying “the
appeal means that everybody affected
by the same challenge of the Appeal
does not hold any express power to
perform NOTU activity pending
Appellate court ruling on the same”.
But this argument was dismissed as
unrealistic and impractical, and only
bent on bogging down established
adminsitration.
Female Workers Member of
Parliament Hon. Agnes Kunihira
said there was enough time for
NOTU affiliates to promote dialogue,
reconciliation and unity but Mr
Owere chose to use court in resolving
his dispute.
She said there is every reason to
believe that the current situation is
irreversible with the “winner takes
all” verdict which will not promote
easily the spirit of reconciliation and
unity.
” NOTU affiliates withstood the
storm as leaders fought for close to
one year. They will not relent easily
until the fights come to logical
conclusions,” She said.
Gender, Labour and Social
Development (GLSD) Ministry
Director for Labour Hon. Martin
Wandera told the Workers Eye that
as supervisors of labour unions
they remain non – committal once
aggrieved parties decide to take
labour cases to court.
The Workers Eye has also
established that Usher Owere’s
labour union, Amalgmated Transport
Workers Union (ATGWU) is set to
hold its congress this year.
ATGWU constitution has a 60 –
year age limit for principal officers
which means Mr Usher Owere does
not qualify to defend his position of
ATGWU Chairperson since he is over
60 years.
Well – placed sources say Mr Owere
is considering contesting for position
of NOTU Secretary General.
The federation’s Executive board
term expires November 30, 2023.
NOTU held its General Council
on Novemeber 15, 2022 which
passed a “vote of no confidence” in
the Chairman General. Members
elected Mr Richard Bigirwa as new
Acting Secretary General after Hon.
Peter Werikhe Christopher stepped
aside. Mr Moses Mauku was elected
Treasurer General deputised by Ms
Barbara Bandaru after Treasurer
General Mr.Stephen Legese resigned.
On three occassions Usher Owere
failed to steer and moderate business
during meetings of the General
Council as his personal vendetta
with the Secretary General took
central stage. Affiliates accused Mr
Owere of dictatorship, inefficiency,
bias, sabotage, mismanagement
and promoting tribalism in the
federation.■
