Wakilii

Sheikh Katungulu v World Islamic Call Society (Labour Dispute Reference 28 of 2022)

Industrial Court · [2023] UGIC 99 · 2023 Preliminary Objection Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to a labour dispute reference on the ground of diplomatic immunity
Decision
Reference dismissed for want of jurisdiction on the ground of the respondent's diplomatic immunity

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court upheld a preliminary objection that the respondent, a prescribed organization under S.I 54 of 2019 made under the Diplomatic Privileges Act, enjoyed diplomatic immunity from legal process. Adopting the reasoning in the Masiga case, the Court examined the Host Country Agreement and found that the employment of the claimant as a Muslim Preacher fell within the respondent's humanitarian and socio-economic objectives, so that his termination was an official act attracting immunity. Immunity extends to prescribed organizations under Rule 2 of the Regulations, subject only to the statutory exceptions, none of which applied. The Court therefore lacked jurisdiction and dismissed the reference with no order as to costs.

Outcome

Reference dismissed for want of jurisdiction on the ground of the respondent's diplomatic immunity

Facts

The claimant, Sheik Katungulu Twaha Luyimbazi, was employed by the World Islamic Call Society as a Muslim Preacher from the early 1980s until his termination on 20 April 2020. He brought a labour dispute reference seeking a declaration of unlawful, wrongful and summary dismissal, together with salary arrears, salary in lieu of notice, payment for untaken leave, severance pay, unremitted Social Security benefits, a certificate of service, general damages, interest and costs. The respondent raised a preliminary objection asserting diplomatic immunity. The respondent is listed as a prescribed organization under S.I 54 of 2019, made under the Diplomatic Privileges Act, and was gazetted on 9 August 2019. A Host Country Agreement dated 18 April 2019 between the Government of Uganda and the respondent set out the respondent's objectives and conferred immunity from legal process for official acts. The termination letter had invited the claimant to contact the respondent's Finance Officer to settle his dues. The claimant filed no submissions on the objection.

Issues

  1. Whether the respondent enjoys diplomatic immunity from the legal process of the Industrial Court in respect of an employment dispute.
  2. Whether the Court has jurisdiction to entertain the claimant's labour dispute reference against the respondent.

Orders

  • The preliminary objection on diplomatic immunity is sustained.
  • Labour Dispute Reference No. 028 of 2022 is dismissed.
  • No order as to costs.

Rules and key headnotes

Diplomatic Immunity — Prescribed Organizations — Extension of Immunity under the Diplomatic Privileges Act
Immunities and privileges conferred on a diplomatic agent under the Diplomatic Privileges Act extend to organizations prescribed in the schedule to the Regulations, so that an organization gazetted as a prescribed organization enjoys immunity from legal process in Uganda subject only to the statutory exceptions.
Jurisdiction — Diplomatic Immunity as an Absolute Defence Going to the Root of Jurisdiction
The defence of diplomatic immunity goes to the root of the court's jurisdiction and is an absolute defence which, if it succeeds, collapses the claim; a court can only proceed to hear a matter when clothed with jurisdiction.
Employment Disputes — Immunity for Official Acts — Termination of Employment as an Official Act
Where an employee's role falls within the humanitarian and socio-economic objectives of an immune organization, the organization and its director enjoy immunity from legal process in respect of acts performed in their official capacity, including the termination of employment, thereby ousting the court's jurisdiction over the resulting employment dispute.
Diplomatic Immunity — Dispute Resolution — Duty to Provide Alternative Modes of Settlement
Diplomatic immunity is not for personal inviolability but to aid the efficient performance of functions; a host agreement may require the immune organization to provide appropriate modes of settlement of disputes of a private law character to which it is a party.

Legislation cited (9)

Cases cited (5)

  • Blueline Enterprises v EADB (Civil Appeal No. 110 of 2009)
  • Clet Wandui Masiga v Association for Strengthening Agriculture in Eastern and Central Africa (ASARECA) (Civil Suit Nos. 266, 267 and 268 of 2016)
  • Ozuu Brothers v Ayikoru Milka (Civil Revision No. 002 of 2016)
  • Habre International Co Ltd vs Kassam and Others [1999] 1 EA 125
  • Agnes Akinyi Ameyo vs. the Austrian Embassy, Nairobi Commercial Section, and two others Cause E190 of 2021 [2021]eKLR

Full judgment

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

Sheikh_Katungulu_v_World_Islamic_Call_Society_(Labour_Dispute_Reference_28_of_2022)_[2023]_UGIC_99_(20_January_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.