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Makumbi Sulambaya Swaibu v Attorney General and Others [2018] UGHRC 60

Tribunal · 2018 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint before the Uganda Human Rights Commission Tribunal alleging violation of rights to freedom from torture, cruel, inhuman or degrading treatment and freedom from discrimination
Decision
Complaint allowed; Attorney General ordered to pay UGX 4,000,000 in general damages with 10% interest from date of decision

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the complainant's rights to freedom from inhuman or degrading treatment and freedom from discrimination were violated when hospital guards at Masaka Regional Referral Hospital manhandled him and singled him out from other patients because of his role as a human rights defender monitoring patients' rights. The Attorney General was found vicariously liable for the actions of the hospital guards. The complainant was awarded UGX 4,000,000 in general damages.

Outcome

Complaint allowed; Attorney General ordered to pay UGX 4,000,000 in general damages with 10% interest from date of decision

Facts

On 21 May 2013, the complainant accompanied a deaf man, Kagezi Elias, to Masaka Regional Referral Hospital for medical review. While waiting in line with other patients, two hospital guards approached the complainant and asked why he had visited the hospital. When he stated he had come for treatment, the guards ordered him to vacate the premises. When he resisted, the guards manhandled him by the trousers in the presence of other patients. The complainant alleged that the hospital administration had been targeting him because of his monitoring role on the right to health through his NGO, Southern Region Social Rights Association, which fights for patients' rights. A witness, CW1 Hajji Kibira Abdul Mulindwa, testified that he saw the scuffle and the complainant being dragged out. The 2nd and 3rd respondents (hospital administrators) were not present at the scene but learned of the incident later.

Issues

  1. Whether the Complainant's right to freedom from torture, cruel, inhuman or degrading treatment was violated?
  2. Whether the Complainant's right to freedom from discrimination was violated?
  3. Whether the Respondents are liable?
  4. Whether there is any remedy available to the Complainant?

Orders

  • The Complaint is allowed.
  • The 1st Respondent is ordered to pay the Complainant UGX 2,000,000 as general damages for the violation of his right to freedom from inhuman or degrading treatment or punishment.
  • The 1st Respondent is ordered to pay the Complainant UGX 2,000,000 as general compensation for the violation of his right to freedom from discrimination.
  • The total sum of UGX 4,000,000 shall attract interest at 10% from the date of this decision till payment in full.
  • Either party shall bear its own costs.

Rules and key headnotes

Human Rights — Freedom from Inhuman or Degrading Treatment — Minimum Level of Severity
To qualify as cruel, inhuman or degrading treatment under Article 24 of the Constitution, the treatment must reach a minimum level of severity, the assessment of which depends on all the circumstances of the case, including the duration of the treatment, its physical or mental effects, and the sex, age and state of health of the victim.
Human Rights — Burden of Proof — Balance of Probabilities
The complainant bears the burden to prove that the respondents violated or participated in the alleged human rights violations on a balance of probabilities.
Human Rights — Discrimination — Prima Facie Case
To demonstrate prima facie discrimination, the complainant must show that he has a characteristic protected from discrimination under Article 21 of the Constitution, that he experienced an adverse impact with respect to the service, and that the protected characteristic was a factor in the adverse impact. Once a prima facie case is established, the burden shifts to the respondent to justify the conduct.
Tort Law — Vicarious Liability — State Liability for Agents
The Attorney General is vicariously liable for the actions of state agents who violate human rights while acting within the scope of their duty and course of their employment.

Legislation cited (9)

Cases cited (14)

  • Huri-Laws v Nigeria (AfrCommHPR Communication No. 225 of 1998)
  • Issa Khakosi Wamusi v Ben Mukhwana (HCCS No. 125 of 2012)
  • Nsubuga v Kavuma [1978] HCB 307
  • Nsekambabaye Aloysius v Attorney General (UHRC Complaint No. MBA/87/2006)
  • Mwambutsya Charles v Attorney General (UHRC Complaint No. MBA/053/2005)
  • Watete alias Wakhoka & Others v Uganda [1998-2000] HCB 7
  • Muwonge v Attorney General [1967] EA 17
  • Okuda Clement v Attorney General (UHRC Complaint No. MRT/15/2004)
  • Oketha Dafala Valente v Attorney General (HCCS No. 69 of 2004)
  • Ekeju Jacob v Attorney General (UHRC Complaint No. S/233/2005)
  • Bagume John v Attorney General (UHRC Complaint No. JJA/10/2007)
  • Okia John & Emuge Joseph v Attorney General (UHRC Complaint No. SRT/208/2006)
  • Enyimu Daniel v Attorney General (UHRC Complaint No. SRT/212/2007)
  • Fred Biryomumaisho v Attorney General (UHRC Complaint No. 253/2003)

Full judgment

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

Makumbi Sulambaya Swaibu v Attorney General and Others 2018 UGHRC 60 (9 April 2018)
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.