Africa-Press – Uganda. Court has stopped the termination of the services of the Uganda Standards Council board chairperson, Mr Charles Musekuura.
Last Friday, the head of the Civil Division of the Kampala High Court, Justice Musa Ssekaana, issued a temporary order against the Minister of Trade, Industry and Cooperatives, Mr Francis Mwebesa, from terminating the services of Mr Musekuura.
The judge reasoned that in order for the ends of justice to meet, there was a need to issue the temporary injunction.
“A temporary injunction issues restraining and stopping the respondent (Attorney General) or their agents from in any way against enforcing termination of the applicant from his service as the chairperson of the National Standards Council until the disposal of the main application for judicial review before this court,” Justice Ssekaana ordered.
Court records show that on October 11, Mr Mwebesa, wrote a letter terminating the services of Mr Musekuura.
Further, court documents show that on the same day, the minister, citing the Section 5 of the Uganda National Bureau of Standards (UNBS) Act, informed the UNBS acting executive director that Mr Musekuura was being replaced by Mr James Kabali Kalibbala.
But Justice Ssekaana reasoned that there are serious issues to be interrogated in the main case and that the court was satisfied that Mr Musekuura’s case was not frivolous.
“The courts when exercising power of judicial review have the duty of ensuring that the public body or officer has acted in accordance with the law or within the four corners of the legislation or Constitution and thus enforcing the rule of law. The court would be greatly inclined to grant interim remedies as it established the propriety of the decisions in order not to render the application (for judicial review) nugatory,” the judge held.
The jurist further observed that the actions of the minister were tainted with illegality and procedural impropriety and therefore there was need for an order stopping the enforcement to avoid prejudicing Mr Musekuura, who would suffer irreparable damage which cannot be atoned for in damages.
In the main case now pending hearing and determination, Mr Musekuura is challenging the decisions of the minister of Trade, Industry and Cooperative for replacing him with immediate effect without according him a fair treatment.
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