Last Friday, Justice Musa Ssekaana, the head of the Civil Division of the Kampala High Court, issued a temporary order against the Minister of Trade, Industry and Cooperatives, Mr Francis Mwebesa. This order prevents the termination of the services of Mr Charles Musekuura, the chairperson of the Uganda Standards Council board.
The judge stated that the temporary injunction aims to ensure justice by restraining the respondent (Attorney General) or their agents from enforcing the termination of Mr Musekuura’s services until the main application for judicial review is disposed of by the court.
On October 11, Mr Mwebesa wrote a letter terminating Mr Musekuura’s services, citing Section 5 of the Uganda National Bureau of Standards (UNBS) Act. The minister informed the UNBS acting executive director on the same day that Mr Musekuura would be replaced by Mr James Kabali Kalibbala.
However, Justice Ssekaana found serious issues in Mr Musekuura’s case and deemed it not frivolous. He emphasized that the court, in exercising its power of judicial review, must ensure that public bodies or officers act in accordance with the law. The judge stated that interim remedies could be granted while establishing the propriety of decisions to avoid rendering the application for judicial review nugatory.
The judge concluded that the minister’s actions were tainted with illegality and procedural impropriety. To prevent irreparable damage and prejudice to Mr Musekuura, the court issued the temporary order, highlighting the need to avoid rendering the application for judicial review ineffective.
In the main case pending hearing and determination, Mr Musekuura challenges the decisions of the Minister of Trade, Industry and Cooperatives. He contends that he was replaced without fair treatment and seeks to address the alleged illegality and procedural impropriety in the minister’s actions.
