Lawyer Mabirizi awarded Shs5m in Russian car tracking case

Lawyer Hassan Male Mabirizi has been awarded Shs5m as general damages and costs for being denied access to information by the Works ministry. 
Mr Mabirizi had demanded information regarding the memorandum of understanding (MOU) between a Russian vehicle tracking company and the Government of Uganda.
In his ruling issued last Friday, Mengo Court Chief Magistrate Patrick Talisuna Ngereza held that by the government refusing to provide information to lawyer Mabirizi, they were liable and should compensate him.

“In regard to the issue that is fishing expedition by the applicant, this contradicts Section 6 of the Access to Information Act. It is thus my view and holding that the applicant’s rights to access to information under Article 41 (1) of the Constitution and Section 5 (1) and 16 of the Access to Information Act were violated by the respondents and they are liable,” ruled magistrate Tulisuna.

 Adding: “Having found in issue 1 that the respondent violated the rights of the applicant and they are liable, the applicant is entitled to damages. I would thus grant the applicant general damages for inconvenience of Shs5m on costs. The general rule is that costs follow the event and a successful party should not be deprived of costs except for a good cause.”

In his application, Mr Mabirizi had sought declarations that the permanent secretary at Works ministry illegally and wrongly refused his request for access to all procurement correspondences, decisions and the July 23, 2021, MoU with Joint Stock company, Global Security to install tracking devices in all public and private vehicles and motorcycles.
Mr Mabirizi had contended that on July 23, 2021, he applied and requested for information regarding all procurement, correspondences and decisions in regard to the government’s MoU with the Russian company.
But the Attorney General on behalf of the government, in defence, claimed they had replied to Mr Mabirizi’s request but he was not present at his address.

The Attorney General had also claimed that Mr Mabirizi’s application was devoid of merit and misconceived since the information he had requested for, wasn’t in possession of the permanent secretary.
When contacted yesterday, Mr Mabirizi said it’s not about the money that he has been awarded but the lessons that public officers should learn from this.

“The greatest benefit does not lie in the pecuniary value but rather in the lesson taught to public officers who conceal public information in total disregard of the Access to Information Act, 2005, most times not even bothering to respond,” he said.