Wakilii

Harriet Nankabirwa and Another v National Union of Women with Disabilities of Uganda Ltd and Another (Miscellaneous Cause 54 of 2024)

High Court · [2024] UGHCCD 210 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking prohibition and declaration regarding meetings of an NGO
Decision
Application for judicial review dismissed on merits

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Holding

The High Court held that a registered non-governmental organization is a public body amenable to judicial review under the Judicature (Judicial Review) Rules 2019. Board members have locus standi to challenge organizational decisions. However, actions taken by the NGO's chairperson to convene meetings in compliance with the NGO Bureau's directive were not tainted with illegality, irrationality, or procedural impropriety where the organization's license suspension expressly permitted the holding of AGMs. Application dismissed.

Outcome

Application for judicial review dismissed on merits

Facts

The applicants, both board members of the National Union of Women with Disabilities of Uganda Ltd (NUWUDO), challenged meetings called by the second respondent (the organization's chairperson) during a period when NUWUDO's permit was suspended by the NGO Bureau from March 1 to April 30, 2024. The applicants alleged that meetings scheduled for March 22 and April 18, 2024 were irregularly and illegally called, that the chairperson lacked mandate to convene them (as the constitution vested this power in the General Secretary), that insufficient notice was given, and that there was no quorum. The respondents countered that the NGO Bureau's suspension letter expressly permitted the holding of AGMs, that the General Secretary had refused to issue notice for the meetings, that time was running out to comply with the Bureau's directive to hold an AGM, and that the chairperson was constrained to act to avoid revocation of the organization's permit.

Issues

  1. Whether the matter is amenable for judicial review.
  2. Whether the applicants have locus standi to bring the matter before court.
  3. Whether the impugned actions are tainted with illegality, procedural impropriety, bias or unfairness.
  4. Whether the applicants are entitled to the remedies sought.

Orders

  • The application is hereby dismissed.
  • No orders as to costs.

Rules and key headnotes

Judicial Review — Public Bodies — Non-Governmental Organizations
A non-governmental organization duly registered with the NGO Bureau is a public body amenable to judicial review under Rule 3(f) of the Judicature (Judicial Review) (Amendment) Rules 2019, which expressly includes non-governmental organizations within the definition of public bodies.
Locus Standi — Sufficient Interest
Regional representatives and board members of a non-governmental organization have locus standi to apply for judicial review of organizational decisions under section 3A of the Judicature (Judicial Review) (Amendment) Rules 2019, as they have a direct and sufficient interest in the affairs of the organization.
Judicial Review — Scope of Review — Decision-Making Process
Judicial review is concerned not with the decision itself but with the decision-making process; the court's role is supervisory, examining whether a public body acted within its legal powers, reasonably, and in accordance with natural justice, not whether the decision was correct.
Judicial Review — Grounds for Review — Illegality, Irrationality, Procedural Impropriety
A public authority acts unlawfully and is amenable to judicial review if it acts without legal power (illegality), so unreasonably that no reasonable decision-maker could have acted similarly (irrationality), or without observing the rules of natural justice (procedural impropriety).
Judicial Review — Compliance with Regulatory Directive — Rationality
Where a regulatory body issues a directive permitting specific organizational activities during a suspension period, actions taken to comply with that directive are not illegal, irrational, or procedurally improper, particularly where failure to comply would result in revocation of the organization's permit.

Legislation cited (14)

Cases cited (6)

  • Dr. Lam Lagoro James v Muni University (Miscellaneous Cause No. 007 of 2016)
  • Lubowa and 4 others Vs Uganda Journalists Association & 2 Others
  • Richard Byarugaba v Attorney General and Others (Miscellaneous Cause No. 173 of 2023)
  • Attorney General v Yustus Tinkasimmire and Others (Civil Appeal No. 208 of 2013)
  • Kuluo Joseph Andrew and Others v Attorney General and Others (Miscellaneous Cause No. 106 of 2010)
  • ACP Bakaleke Siraji v Attorney General (Miscellaneous Cause No. 212 of 2018)

Full judgment

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

Harriet Nankabirwa and Another v National Union of Women with Disabilities of Uganda Ltd and Another (Miscellaneous Cause 54 of 2024) [2024] UGHCCD 210 (14 June 2024)
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.