• What is UNN?
  • Why UNN?
  • Our Team
  • Support Us
Monday, February 6, 2023
  • Login
  • Home
  • Featured stories
  • Editors Choice
  • Trending Stories
  • News
  • Africa Today
  • Opinion
  • Literature
  • Videos
  • Sports
No Result
View All Result
  • Home
  • Featured stories
  • Editors Choice
  • Trending Stories
  • News
  • Africa Today
  • Opinion
  • Literature
  • Videos
  • Sports
No Result
View All Result
UNN Times
No Result
View All Result
Home Business

Court Dismisses Suit Challenging Government Decision to Authorise Private Firm to Import Fuel

Ronald Mugabi | UNN Times ReporterbyRonald Mugabi | UNN Times Reporter
December 15, 2022
in Business, Sports, Uganda
0
Court Dismisses Suit Challenging Government Decision to Authorise Private Firm to Import Fuel
4
VIEWS
Share on FacebookShare on Twitter

KAMPALA – The High Court in Kampala has dismissed with costs a case challenging the government’s decision to award exclusive rights to a company to import fuel using barges over Lake Victoria.

In November last year, Legal Brains Trust – LBT -a local non-profit organisation went to court seeking a declaration that the presidential directive, authorising an Indian company – Mahathi Infra Services Private Limited, and its local subsidiary – Mahathi Infra –Uganda-Limited to operate as a monopoly for the business of transporting petroleum products by barges over Lake Victoria, and from Uganda was illegal as it violated or threatened to violate a number of fundamental rights protected in the Bill of rights.

RELATED STORIES

Auditor General Faults NSSF on Suspense Accounts

Auditor General Faults NSSF on Suspense Accounts

February 6, 2023
Busoga College Mwiri Seeks Ugx5b for Refurbishment

Busoga College Mwiri Seeks Ugx5b for Refurbishment

February 6, 2023
Speaker Pledges to Support SACCO Laws

Speaker Pledges to Support SACCO Laws

February 6, 2023
Man Kills Wife, Hides Body in Water for Days

Katwe Police Investigating Double Murder involving an Army Officer

February 6, 2023

In an affidavit sworn in by Anthony Jjumba – the head of Investigations, LBT wanted the High Court to issue an injunction restraining the government from implementing the presidential directive. The affidavit said that the directive was a blatant violation of the government’s obligations to respect, uphold and promote fundamental rights to good governance, fairness, and equality of economic opportunity.

It added that the directive also went beyond the permissible exercise of state power by the president in regulating business; it was discriminatory, unlawful and unacceptable, and demonstrably unjustifiable in a free and democratic society. LBT also argued that the presidential directive also kept out other potential operators and that this would worsen corruption and abuse of power by those holding political and other public offices and that it was detrimental to public good or welfare for good governance.

The application was opposed by the Attorney General who through an affidavit sworn in by Rev. Justas Frank Tukwasibwe contended that the application was bad in law, speculative, moot, misconceived, and should be dismissed with costs. He added that the agreement signed between the government and Mahati Infra Services Private Ltd does not in any way threaten the rights of Ugandans protected in the constitution.

He said even if this were to be the matter, the High Court would be the wrong place to run to adding that matters relating to human rights are determined by the Constitutional Court.

In his ruling, Justice Musa Ssekaana agreed with the reasoning of the Attorney General that LBT’s application does not show how any of the articles of the Constitution are being violated. He said that the application was not for enforcement of rights as contended but rather public interest litigation or a judicial review matter challenging the actions and decisions of the government.

“This court will not allow the applicant to devise an alternative procedure in order to circumvent the set procedure. The applicant is only trying to access court through the ‘window’ instead of the door that has been prescribed by the Constitution. Justice is to be rendered in accordance with the law and set principles and procedures. The Constitution is silent as to the procedure to be followed or how to access courts to seek redress outside constitutional interpretation and enforcement of human rights. The necessary procedure must be followed from the existing legislation like the Judicature Act or Civil Procedure Act and not invent any procedure the applicant finds convenient or comes to his imagination.

The applicant is trying to convert any alleged transgressions into a human rights issue for the enforcement of rights. This unacceptable and courts will guard jealously their constitutional mandate from being abused by busy bodies or meddlesome intermeddles like the applicant,” the ruling reads in parts.

It adds that the application did not involve any violation of rights and it had no basis to be baptized as an enforcement of rights application. “From the applicant’s pleadings, it is very clear that the applicant seems to seek to enforce public interest actions on behalf of the people of Uganda. This court does not, therefore, have jurisdiction to handle it and as the right forum under Rule 7 (2) for the orders and reliefs sought is the Constitutional Court as stated,” held Ssekaana.

He added that even in the Constitutional Court where such an application would be filed, public interest litigation must also be scrutinized in order to limit abuse of the court process. He said that litigation does not become public interest merely because questions of law of general public importance arise but rather must be concrete on what rights of the public have been abused. “Litigation cannot provide an avenue for substituted governance nor can the Court, in a democratic set-up governed by separation of powers assume to itself the task of governance which the Constitution leaves to elected representatives or to Executive members through expert bodies who are accountable to the collective wisdom of the Legislature or Executive.

His application would still have failed to satisfy the test of substantial public interest and there is no genuine public harm or public injury. This application was for a private motive or oblique motive or ulterior motive. For the reasons above, this application fails and is dismissed with costs,” said Ssekaana.

Additional reporting by URN

Tags: Anthony JjumbaCivil Procedure ActHigh Court in KampalaJudicature ActJustice Musa SsekaanaLegal Brains Trust – LBTMahathi Infra Services Private LimitedRev. Justas Frank Tukwasibwe
Previous Post

NSSF Smart Card still Unpopular Six Months After Launch

Next Post

Mukono Residents Burn Suspects to Ashes, Witchdoctor Kills Neighbour in Jinja

Related Posts

Beti Kamya Jumps onto Bandwagon as Investigations into Corruption Allegations at Entebbe Airport Widens

byMoses Kalaire | UNN Times Reporter
January 26, 2023
0
Beti Kamya Jumps onto Bandwagon as Investigations into Corruption Allegations at Entebbe Airport Widens

KAMPALA - The current wave in the country – regarding corruption tendencies – particularly at Entebbe International Airport has attracted...

Read more

Monitor Loses Bid to Stop Hearing of Museveni Defamation Suit

byRonald Mugabi | UNN Times Reporter
November 30, 2022
0
Monitor Loses Bid to Stop Hearing of Museveni Defamation Suit

KAMPALA –The High Court in Kampala has dismissed an application by Monitor Publications Limited to halt the hearing of a...

Read more
Next Post
Mukono Residents Burn Suspects to Ashes, Witchdoctor Kills Neighbour in Jinja

Mukono Residents Burn Suspects to Ashes, Witchdoctor Kills Neighbour in Jinja

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms & Conditions and Privacy Policy.

About us

UNN is a new people powered TV channel, Radio station and Newspaper leading the revolution. We’re a media outlet focused on inspiring and empowering you while telling the truth, because as they say, the truth will set you free.

Recent

Auditor General Faults NSSF on Suspense Accounts

Busoga College Mwiri Seeks Ugx5b for Refurbishment

Speaker Pledges to Support SACCO Laws

Katwe Police Investigating Double Murder involving an Army Officer

Renowned Jinja based Musician Arrested for Abduction, Defilement

When Eddy Kenzo Fired Blanks at Grammy Awards

Follow Us

Tweets by GetUNN

Facebook

© 2023 UNN Times

No Result
View All Result
  • Home
  • Featured stories
  • Editors Choice
  • Trending Stories
  • News
  • Africa Today
  • Opinion
  • Literature
  • Videos
  • Sports

© 2023

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.