Wakilii

Bala v Attorney General (Labour Dispute Reference 170 of 2019)

Industrial Court · [2023] UGIC 13 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from complaint to labour office regarding discharge from Uganda Prisons Service
Decision
Claimant's application for discharge and remedies dismissed; claimant remains in service of Uganda Prisons Service

Observed later treatment

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Holding

The Industrial Court held that the Uganda Prisons Service is a disciplined force under the Constitution and that forced labour provisions do not apply to its members. A prisons officer may only terminate service with written permission of the appointing authority or upon meeting statutory retirement criteria under the Prisons Act 2006. The claimant did not qualify for retirement and had not obtained permission to resign. The court dismissed the claim, finding no unlawful retention in service.

Outcome

Claimant's application for discharge and remedies dismissed; claimant remains in service of Uganda Prisons Service

Facts

Jimmy Bala joined the Uganda Prisons Service in January 2008 as a recruit warder. In 2014, while transferred to Namalu Prison Farm, he participated in providing security for inmates on an Office of the Prime Minister project. He claimed he did not receive allowances for three years. After raising complaints, he was transferred to Ibuga Prison Farm in Kasese District. He appealed the transfer and was advised to apply for discharge. His discharge application was rejected because he had outstanding loans with the UPS SACCO, Equity Bank, Fincredit Uganda Ltd and Hudar Investments Ltd. The Commissioner General of Prisons advised that he must clear all loans before discharge could be approved. He cleared the SACCO loan but not the bank loans. He was subsequently transferred back to Ibuga Prison Farm and later to Soroti Prison. He brought this claim seeking a declaration that UPS was holding him in service unlawfully and seeking discharge and terminal benefits.

Issues

  1. Whether the Uganda Prisons Service is holding the complainant in service wrongly, unjustly, unlawfully and contrary to the law?
  2. What remedies are available to the parties?

Orders

  • Labour Dispute Reference No. 170 of 2019 dismissed.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Disciplined Forces — Termination of Service — Statutory Restrictions
The Uganda Prisons Service is a disciplined force established under Chapter 12 of the Constitution. Entry into and exit from the service of a disciplined force is carefully regulated by statute. A prisons officer may only terminate service with written permission of the appointing authority or upon meeting the statutory criteria for retirement under sections 21 and 22 of the Prisons Act 2006.
Constitutional Law — Forced Labour — Exceptions for Disciplined Forces
Article 25(3)(c) of the Constitution excludes from the definition of forced labour any labour required of a member of a disciplined force as part of the member's duties. The Uganda Prisons Service, established under Article 215 of the Constitution as a disciplined, professional and hierarchical service, falls within this exception. Accordingly, the constitutional prohibition on forced labour does not apply to members of the Uganda Prisons Service who are subject to statutory restrictions on resignation.
Employment & Labour — Retirement — Statutory Eligibility Criteria
Under section 21(1) of the Prisons Act 2006, a prison officer may retire on attaining the age of 60 years, or after 20 years of continuous service, or after attaining the age of 45 years and having served continuously for 10 years. An officer who does not meet these criteria does not qualify for retirement and may only terminate service with the written permission of the appointing authority under section 22.
Administrative Law — Statutory Powers — Power to Appoint Includes Power to Remove
The power to appoint conferred on any authority by law includes the power to remove, suspend or reinstate. Where an Act of Parliament confers on an appointing authority the power to appoint officers, the same authority must approve termination of service. Members of disciplined forces are at liberty to resign provided they comply with the laid down statutory procedure.

Legislation cited (15)

Cases cited (4)

  • DFCU Bank Ltd v Donna Kamuli (Civil Appeal No. 121 of 2015)
  • Lillian Ndagire & 2 Others v Cavendish University in Uganda (Labour Dispute Reference No. 98 of 2019)
  • Attorney General v Major General David Tinyefuza (Constitutional Appeal No. 1 of 1997)
  • Joseph Kalule v GIZ (Labour Dispute Reference No. 109 of 2020)

Full judgment

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

Bala_v_Attorney_General_(Labour_Dispute_Reference_170_of_2019)_[2023]_UGIC_13_(17_March_2023)
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.