Justice Ssekaana directs lawyers on Chapter Four case
What you need to know:
- The case arose in October when Chapter Four sued NGO Bureau challenging its decision contained in an August 18 letter, accusing it of operating in “non-compliance” with the law.
According to Chapter Four, the actions of the NGO Bureau are without factual basis on grounds that prior to the closure, they were filing their annual returns with the latest being in January and that they were fully compliant with the law.
Kampala High Court Judge Musa Ssekaana has directed lawyers involved in the case in which government indefinitely suspended Chapter Four’s operating licence, to file written submissions that he will base on to give his ruling.
In August, government suspended operations of 54 civil society organisations, as a move to tighten its grip on their activities.
Justice Ssekaana’s directive followed a brief court session yesterday with Chapter Four lawyers led by Mr David Mpanga and Mr Francis Gimara.
The National Bureau for Non-Government Organisations, the sole respondent, was represented by senior state attorneys from the chambers led by Ms Charity Nabasa.
Justice Ssekaana gave Chapter Four upto Monday next week to have filed its written submissions and the Attorney General to have replied on behalf of the NGO Bureau by December 20.
He also asked the parties to return to court on January 11.
“Today, court has given us directions, on how the case is going to proceed. The issues have been outlined to determine essentially whether the decision by the NGO Bureau was lawful and what remedies if the decision was unlawful,” Mr Mpanga said.
He added: “We have been directed to file our rejoinder to the reply, if any, by December 22 so that on January 11, the court will hear us again to determine whether everything is as planned and let us know about the judgment date.”
The case arose in October when Chapter Four sued NGO Bureau challenging its decision contained in an August 18 letter, accusing it of operating in “non-compliance” with the law.
“The decision of the respondents (NGO Bureau) that the applicant (Chapter Four), ceases operations with immediate effect was high handed, arbitrary, illegal and ultra vires the Non-Governmental Organisations Act,” the petition reads.
In an affidavit, Ms Zahara Nampewo, the chairperson of Chapter Four and Mr Peter Magelah, a lawyer with the same organisation, contended that the NGO Bureau suspended its activities to enable comprehensive investigations into its operations.
Ms Nampewo and Mr Magelah add that the NGO Bureau copied the said letter to various entities including Absa bank and Financial Intelligence Authority, ordering them to halt operations with Chapter Four.
According to Chapter Four, the actions of the NGO Bureau are without factual basis on grounds that prior to the closure, they were filing their annual returns with the latest being in January and that they were fully compliant with the law.
But Mr Stephen Okello, the executive director of NGO Bureau, accuses Chapter Four of having failed to file annual returns for 2020, hence his move to suspend its activities.
Some of the organisations that were affected by NGO Bureau decision, had been involved in an observation operation during the disputed presidential election in January that saw President Museveni return for another five-year term in office.
1. Africa Institute for Energy Governance (AFIEGO)
2. Western Ankole Civil Society Forum (WACSOF)
3. Citizens’ Concerns Africa
4. Elohim Power Transforming Africa
5. Orone Foundation
6. Light Concepts
7. Public Policy Institute
8. Otubet Youth United Development Organisation
9. Support Girl Child Uganda
10. Saints Preparation Ministries
11. Adoration Ministries
12.Islamic Da-awah and Orphanage Foundation
13. Jesus Shines Youth Ministries International
14.La Borne Missionary Centre Uganda
15. Wanyange Child Support Foundation
16.St Francis Foundation for the Poor
17. Ray of Hope International Uganda
18. Mindset Change Development Organisation
19. Liberty International Foundation
20. Foundation for Women Empowerment for Sickler Aid
21. Karambi Action for Life Improvement
22. Tech Plus Love Foundation
23. Centre for Justice Studies and Innovations
24. Chapter Four Uganda 2016- 2020