The High Court in Kampala dismissed a case filed by Shamil Letia Atabua, a law student at Cavendish University in Uganda (CUU), who sought to overturn his indefinite suspension from the university. Atabua faced suspension on October 5, 2022, due to the use of foul language, leading him to file a judicial review suit challenging the decision.
The court ruling, dated January 12, 2024, concluded that Cavendish University’s decision to suspend Atabua was neither illegal, irrational, nor lacking procedural propriety. High Court Judge Musa Ssekaana dismissed the case with costs, stating that the university’s actions were justified, given Atabua’s breach of university policies, including issuing threats and using offensive language towards university officials and staff.
Judge Ssekaana emphasized that judicial review focuses on the decision-making process rather than the decision itself. To succeed in a judicial review, the applicant must demonstrate that the decision was tainted by illegality, irrationality, or procedural impropriety. In this case, the judge noted that the university’s suspension was a temporary corrective action to protect the university community during ongoing investigations.
Ssekaana cited a previous case involving student discipline, affirming that immediate suspension is a fair step while a disciplinary hearing is pending. He reasoned that hosting a suspected indiscipline case among other students would not be prudent for the institution.
While acknowledging the constitutional right to a fair hearing, Judge Ssekaana stated that prompt administrative action may sometimes necessitate exclusion of the hearing process in the interest of public safety, health, or morality. He argued that Atabua’s suspension without a prior hearing was justifiable, given the nature of the alleged offenses and the need for swift action.
The court also faulted Atabua for failing to exhaust available remedies, including the disciplinary hearing scheduled by the university. Judge Ssekaana ruled that the application was brought prematurely as the university had not made a final decision on Atabua’s case.
Additionally, the judge warned Atabua against using abusive or derogatory language, emphasizing that the court process is not a platform for defamation or insults against university officials or judicial officers.
In response, David Mutabanura, the executive director at Cavendish University, outlined Atabua’s academic challenges and alleged misconduct, stating that the student had sent offensive emails with extremely foul language to university staff. Mutabanura highlighted Atabua’s poor academic performance and the need for him to re-sit some course units.
