Wakilii

Bakwata and 137 Others v Attorney General (Labour Dispute Miscellaneous Application 11 of 2021)

Industrial Court · [2021] UGIC 93 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application arising from Labour Dispute Reference No. 236/2019 seeking to dispense with newspaper advertisement requirement for representative order
Decision
Application dismissed for lack of proper affidavit and failure to justify departure from newspaper advertisement requirement

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed an application by intelligence service employees seeking to advertise a representative order on notice boards rather than in newspapers. The court held that the supporting affidavit was not properly sworn before a commissioner for oaths, rendering the application incompetent. Further, substituting newspaper advertisement with notice board posting would not serve the purpose of notifying the world that each litigant exists and has authorized representation.

Outcome

Application dismissed for lack of proper affidavit and failure to justify departure from newspaper advertisement requirement

Facts

The applicants, 138 intelligence service employees, filed a labour dispute claim and obtained a conditional representative order requiring advertisement of the names of persons to be represented in local newspapers. They subsequently applied to dispense with newspaper advertisement and instead advertise on notice boards at their working stations, arguing that newspaper publication would disclose their identities and put national security at risk. The respondent opposed, contending that the supporting affidavit was not properly sworn and that the applicants, being public employees paid from the consolidated fund in a labour dispute matter, should disclose their identities as the matter did not involve national security intelligence.

Issues

  1. Whether the court should dispense with the requirement to advertise the names of represented claimants in newspapers and allow advertisement on notice boards instead.
  2. Whether an affidavit not sworn before a commissioner for oaths renders the application incompetent.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Affidavits — Requirement to Swear Before Commissioner for Oaths
An affidavit that is not sworn before a commissioner for oaths as required by law renders the application it supports incompetent and such application ought to be struck out.
Civil Procedure — Representative Orders — Purpose of Newspaper Advertisement
The purpose of advertising the names of litigants where a representative order is granted is to ascertain that the litigants exist and that each has authorized the applicants to represent them, serving as notice to the world of their participation in the proceedings.
Employment & Labour — Public Employees — Disclosure of Identity in Labour Disputes
Public employees drawing salaries from the consolidated fund ought to disclose their identities in labour or employment disputes, as such matters do not constitute matters of national security warranting confidentiality.

Cases cited (2)

  • Mohammed Majyambere v Bhakresa Khalic (Miscellaneous Application No. 727 of 2011)
  • Kakooza John Baptist v Electoral Commission and Another (Election Petition Appeal No. 11 of 2007)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Bakwata_and_137_Others_v_Attorney_General_(Labour_Dispute_Miscellaneous_Application_11_of_2021)_[2021]_UGIC_93_(14_May_2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.