Court asks for written submissions in Chapter Four case

Kampala, Uganda | THE INDEPENDENT | The High Court in Kampala has ordered for written submissions in the case in which Chapter Four Uganda is challenging the decision by the National Bureau for Non-Governmental Organizations to suspend its license indefinitely.

The court presided over by the Civil Division Judge Musa Ssekaana ordered the lawyers representing Chapter Four Uganda led by David Mpanga and Francis Gimara, to file and serve their submissions to the NGO Bureau by December 6, 2021.

He said that the lawyers of the NGO Bureau who were led by State Attorney Charity Nabaasa should make their submissions in response by December 12, and if there is any rejoinder, it should be done not later than December 22, 2021.

According to Ssekaana, the parties will return to court on January 11, 2022, to see if they have complied with all their orders before a judgment date can be given.

The case arises from a decision by the NGO Bureau on August 18, ordering Chapter Four Uganda to cease operations with immediate effect to enable the Bureau conduct a comprehensive investigation into their operations.

According to Stephen Okello, the Executive Director of NGO Bureau, Chapter Four Uganda was closed together with 53 other Non-Governmental Organizations for alleged failure to comply with the legislation covering their operations.

However, to ensure that the decision is implemented, the evidence before the court shows that the NGO Bureau further copied the letter to Chapter Four Uganda’s banker’s Absa Bank, the Financial Intelligence Authority- FIA, and the Uganda Registration Services Bureau directing them to forthwith halt all the transactions with Chapter Four Uganda.

Chapter Four Uganda through its lawyers of AF Mpanga filed an application before the High Court Civil Division seeking to quash the said decision.

They contend that the Uganda Police Force has since implemented the NGO Bureau’s decision as a revocation of its permit and subsequently their bank accounts have equally been frozen.

According to Chapter Four Uganda’s lead lawyer David Mpanga, the powers given to the NGO Bureau indefinitely suspending Chapter Four Uganda’s permit is outside powers conferred to it by the law.

The lawyers further argue that Chapter Four Uganda’s suspension has seriously hindered their activities and ability to meet its financial obligations to third parties and its performance obligations under donor contracts to which they are a party.

“The continued indefinite freezing of the applicant’s bank accounts in compliance with the Respondent’s/NGO Bureau impugned decision had not only exposed the applicant to the risk of closure for to lack of funds to meet basic operational costs but exposes the applicant to the risk of being sued by third parties for failure to meet its financial obligations and having its donor agreements terminate and it’s donor funding permanently recalled for failure to implement its projects within agreed timelines”, reads the application in part.

Court records further show that since the communication of the contentious decision, Chapter Four Uganda has severally attempted to file their annual returns for the year 2020 and their permit which expired on November 25, 2021 but the NGO Bureau has refused to receive their documents seeking renewal of the permit.

Chapter Four Uganda wants the court to quash the decision by the NGO Bureau, issue a permanent injunction prohibiting the government and its agents from relying on or implementing the aforementioned decision.

They also want the court to order the NGO Bureau to receive their application for renewal of a permit to operate as an NGO and to consider the application for renewal of permit in accordance with the provisions of the law.

Prior to its suspension, Chapter Four Uganda was involved in activities such as strategic and Public Interest Litigation, providing legal support to civil society organizations and human rights defenders, documenting and monitoring human rights abuses, conducting capacity building and training among others.

Chapter Four Uganda’s activities were suspended a few days prior to the withdraw of criminal charges of money laundering against its Executive Director Nicholas Opiyo whose organization had been accused of allegations of funding terror.

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