By Our Correspondent
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA CIVIL DIVISION MISCELLANEOUS CAUSE NO. 006 OF 2023 USHER WILSON OWERE:::::::::::::::::::: :::::::::::::::::::::::::::::::APPLICANT VERSUS
1. N A T I O N A L ORGANIZATION OF TRADE UNIONS (NOTU)
2. CHRISTOPHER PETER WERIKHE
3. STEPHEN MUGOLE
4. BIGIRWA RICHARD:::::::::::::: ::::::::::::::::::::::::RESPONDENTS
5. MAUKU MOSES
6. BADARU BARBARA
7. AMITI TOM BEFORE: HON. JUSTICE SSEKAANA MUSA RULING
The applicant filed this application for judicial review under Article 42 of the Constitution; Sections 36, 37, 38 and 39 of the Judicature Act; Judicature (Judicial Review) Rules 2009, 3,4,5,6,7 & 8 for the following orders: 1. A declaration doth issue that the purported Extra Ordinary General Council meeting held on 15th November 2022 and its resolutions therein are illegal and ultra vires.
2.A declaration doth issue that the purported petition against the applicant dated October 25, 2022 was incompetent, illegal and ultra vires the Labor Unions Act 2006 and the NOTU constitution.
3. A declaration doth issue that the purported removal of the applicant from the office of Chairman General of NOTU was unfair, unjust, malicious, irrational and illegal and contravenes the principle of fair hearing and natural justice.
4. A declaration doth issue that the purported election of the 3rd, 4th, 5th and 6th respondents respectively as acting Chairman General, acting Secretary General, acting Treasurer General and acting Treasurer of NOTU at the unlawful meeting of November 15, 2022 was illegal, irrational and null and void.
5. A declaration doth issue that the applicant is the lawful Chairman General of NOTU. 6. A declaration doth issue that the purported meeting of NOTU General Council scheduled for 9th January 2023 is null and void. 7. A declaration doth issue that the 7th respondent has no locus nor mandate to convene meetings for NOTU organs. 8. A permanent injunction doth issue restraining the respondents and their agents from suspending and or removing the applicant from the office of Chairman General of NOTU or carrying out any activities for and on behalf of the 1st respondent. 9. An order for general damages doth issue against the respondents. 10. An order for exemplary damages doth issue against the respondents. 11.Costs. The application was supported by the sworn affidavit of the applicant setting out the grounds of the application but briefly. 1. That the respondent have been attempting to unlawfully and unfairly remove the applicant from office without a due process and without a fair hearing. 2. That the respondents purporting to remove him from the position as the Chairman General of the 1st respondent. An Extra Ordinary General Meeting was purportedly called on the 15th of November 2023 where a petition was signed to remove the applicant from office. 3. The respondents’ decision taken on the 15th of November 2022 was taken unilaterally in total breach of the rules of the NOTU Constitution, natural justice and administrative justice.
4. The results of this meeting and alleged change in leadership were however rejected by the Registrar of Labour Unions who invited the leaders of NOTU for a meeting to address the looming disagreements.
5. A purported NOTU General Council Meeting was called on the 9th of January 2023 where the petition to remove the applicant from his position was discussed. It was resolved to suspend the applicant and also referred him for disciplinary action which was actuated by malice against the applicant. The respondents filed affidavits in reply opposing the application contending that it was incompetent and ought to be dismissed with costs.
They contended that the applicant had been notified of the meeting on the 9th day of January 2023 but informed the 1st respondent through his lawyers that he would not attend the said meeting. The 3rd respondent contended that he supported the motion to remove the applicant from the office of Chairman General of the 1st respondent due to acts/conduct of misuse of authority exhibited on the 15th September, 2022 and 24th October, 2022 during the 1st respondent’s General Council meetings at Abba Hotel.
That on 22nd day of December, 2022 at a consultative meeting at Ministry of Gender, Labour and Social Development at Kampala it was resolved that; ▪ The resolutions, meeting minutes and list of attendance of Extra Ordinary General Council meeting that took place on the 15th day of November, 2022 be disregarded by the 1st respondent. ▪
The applicant be summoned before the 1st respondent’s General Council where he would be accorded an opportunity to be heard on allegations of misconduct. ▪ The 1st respondent calls a General Council meeting on 9th January 2023. ▪ The applicant be notified of the 9th General Council Meeting accordingly. The 2nd respondent in his affidavit in reply contended that he is not privy to the impugned decisions against the applicant upon his resignation from the position on 15th November 2022. He has never been involved in taking any decision against the applicant. He contended that he was wrongly dragged to court.
The applicant filed an affidavit in rejoinder reiterating his earlier statements. He also added that the meeting that was held on the 9th January 2023 was tainted with illegality and bias and all actions emanating from it should be struck down. The 2nd applicant illegally called for the meeting on the 15th November 2022 and also signed the illegal memorandum of understanding. He also participated in the meeting of the 9th of January 2023 and accepted service of the letter from the applicant’s lawyers.
All consultative meetings alluded to are not provided for under the Labour Unions Act nor the NOTU constitution and therefore the actions arising from the same are illegal. The General Council Meeting of NOTU is called by the Executive Committee passing a resolution over the same and not consultative meetings. The Executive Committee did not meet to call the General Council Meeting for the 9th of January 2023■
