The court battle between the expelled students of Uganda Christian University (UCU), Yasin Sentumbwe and Simon Semwemba against the university has taken a new twist today after the university lost the preliminary objections it raised.
Counsel from the university raised a number of objections against the students. UCU submitted that the university is a private institution and is therefore not subject to judicial review by the court which according to them only applies to public institutions.
YasinSentumbweMunagomba and Simon Semuwemba were expelled for, among other reasons, having behaved in a manner that damaged the good name of the university by participating in a demonstration without informing the Vice Chancellor (VC) in advance. This was contrary to regulations 6(v) and 8 (ii) of the Code of Conduct handbook, 2015 – 2016. Regulation 6(v) stipulates that no student shall utter words or leave in a manner, which may damage the good name and image of the university; whereas 8(ii) demands that any public protest or demonstration on university premises may be conducted only after the vice chancellor has been informed one day in advance and no demonstration or protest may be held without his approval obtained and police permission granted.
The university claimed that they are under the jurisdiction of the Church of Uganda. Court rejected the objection on grounds that the university derives its power from an act of parliament, the Tertiary Institution Act and is also given a charter by the government making it subject to public law. Justice Luswata, presiding over the case, also added the students that graduate from the university are hired by the public and given public jobs and not private jobs.
The second objection of the university was that the students should have exhausted internal remedies such as the university council before applying to court. Counsel, on behalf of the two students submitted that the circumstances surrounding the expulsion did not give the students an opportunity to seek internal remedies.
“We were not even allowed access into the university premises after our expulsion” said Yasin.
Court also held that internal remedies are not mandatory but rather a discretion of the parties. The Justice held that these remedies would also be ignored if it is shown by evidence that accessing them would lead to a delay in the dispensation of justice.
The Justice went ahead to give advice that any student that had a claim against the university is advised to access court which would give the appropriate remedy if their rights are violated because many “universities are violating student’s rights. “
“We are happy with this victory because it gives us a go ahead to pursue the main cause” said Yasin.
Court awarded costs in favor of the students. The date for the main suit will be set later on and both parties notified.
The expelled students not only want their purported expulsion quashed together with the Students’ Code of Conduct by Court, but also seek special, general and punitive damages against UCU.
