Saasi Marvin
A hearing that was set to start at 2.30pm yesterday did not commence until almost 6pm as the judge was nowhere to be seen. Around 5:30pm, Her Worship entered appearance in Court and later adjourned the determination of the urgent petition to Wednesday 21st January 2015 at 9:00am.
This was after Counsel for the Petitioners, Mr. Isaac Semakadde had tendered in a consent agreement to Court signed between him and Counsel for the Respondent [Nkumba University], who had left around 4:30pm before the judge arrived. Counsel Isaac Semakadde afterwards explained to the attentive students, who had turned up in droves to show solidarity, that the reason for seeking the adjournment was because it was too late to hear and determine the petition yesterday given the time at which the judge had arrived. “The counsel for the respondent received the necessary documents late and therefore hadn’t got enough time to read through them and find an appropriate defence.” Isaac Semakadde added.
UNSA Vs Nkumba University The petition, Misc. Application No. 36 of 2015 Re: UNSA v Nkumba University, was filed by the Uganda National Students Association as representatives of the aggrieved Nkumba University students. The petition arose from the decision by the Respondent University to order a fine to be paid by all day students before they would be allowed back on campus following the Nov 17-19 2014 student strike, in which a lot of the university property was destroyed, that led to their suspension. In a notice published in Newspapers, the University made it clear that no student would be allowed back on campus before paying 50,000 Ugandan shillings for a commitment form and 150,000 to enable repairs, conditions that the students found outrageously unfair since most of them had not been given a fair hearing as the inviolable rules of natural justice dictate.
Contradictions And Unfairness Was Shown
Addressing the media and the anxious students before the hearing kicked off, Mr. Tumusiime Brian, the UNSA General Secretary strongly called upon the University to realize that “students have the freedom to express themselves. There must be an amicable understanding between the students and the Administration before any decision is reached.” He added that the fine imposed on only Day Students was discriminatory, in contradiction with the Constitution, since the evening students and those who study on weekends were not fined yet its possible that some of them took part in the strike.
Obita Denis, the UNSA Secretary of Information and Publicity passionately argued that students must have been given a fair hearing before the decision to fine them was reached.
Counsel Semakadde in his address to the students and the media said that “We hope to deliver a strong lesson to the University so that from now on, they will reach their decision in strict accordance with the law.” He also added that in the event that the main petition succeeds, one of the petitioners’ prayers is that the students who will have already paid the fine will either be refunded their money in cash or given a rebate. A rebate is a system in accounting, for instance, where they carry the money forward to the next semester by which the students pay tuition but less that amount. Choosing his words carefully, Counsel further urged the students to remain calm and respect the decision that Court may reach, even if it is against their interests, since their reputation as individuals is also at stake.
Blackmailed
A student leader, [whose identity will not be revealed for obvious reasons] at the University who was suspended following the strike intimated within the earshot of this reporter that the university management had threatened him with an outright expulsion if he dare goes to pursue the matter in court.
This case will definitely test whether the rules of Natural Justice in Uganda are really enforced or they remain mere ideals and fantasies.
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