Five members of the Rotary Club of Kampala Ssese Islands have dragged Rotary International and several club officials to court, challenging their suspension and subsequent expulsion from the club, which they say was carried out in violation of their right to a fair hearing.
The applicants, Ronald Samuel Wanda, Nelson Turyatemba, Gladys Edwards Namala, John Martin Sekwe and Robert Byamukama, have filed a case before the High Court seeking declarations that the disciplinary proceedings against them were unlawful, irregular and contrary to both the club’s bylaws and the Constitution.
Court documents show that the dispute stems from disciplinary proceedings initiated in February this year, which resulted in the suspension of the five Rotarians from all club activities pending investigations.
The respondents are Rotary International and officials of the Rotary Club of Kampala Ssese Islands.
The officials are Ms Deborah Itwau Ongwech, the president; Mr Bernard Ochan, acting secretary; the board of directors; Dr Canon Charles Kahigiriza, chairperson of the board of directors; and Mr Medard Muganzi, chairperson of the disciplinary committee.
Other members of the disciplinary committee are Ms Julianne Mweheire, Mr Nelson Kabwama, Ms Laura Orobia, Mr Leonard Babwetera Kashagama and Mr Ivan Kasambeko.
In an affidavit supporting the case, Mr Wanda, an advocate and one of the applicants, accuses the disciplinary committee of denying them a fair hearing and acting outside its mandate.
“The committee, in total abuse of my right to a fair hearing, refused to invite the members mentioned in paragraph 19 of this affidavit in support for cross-examination,” Wanda states in court documents seen by Monitor on Monday.
He further claims that his lawyers, Eron Kiiza and Kakuru Tumusiime, were barred from actively participating during the disciplinary hearing.
“During the hearing, I appeared with my legal representatives, Mr Eron Kiiza and Mr Kakuru Tumusiime, who were denied an opportunity to present my case and ask any questions,” he says.
The applicants also challenge the composition of the disciplinary committee, arguing that it was improperly constituted and lacked the quorum required under the club’s bylaws.
According to the court filings, Wanda raised preliminary objections before the committee, contending that it had only four members instead of the required five and that mandatory conflict-resolution procedures had not been exhausted before disciplinary proceedings commenced.
However, the committee reportedly dismissed the objections.
“The 7th Respondent (Mr Kabwama) overruled the preliminary objections by saying that they had quorum since they were the majority,” Wanda states.
The Rotarians further allege that the disciplinary committee failed to communicate its decision within the seven-day period prescribed under the club’s bylaws and instead submitted recommendations to what they describe as a defunct board of directors.
Wanda contends that the board officials who later communicated his termination were not lawfully holding office.
“I am also aware that the 3rd (Mr Ochan) and 4th (Dr Kahigiriza) Respondents illegally occupy the offices of the Chairperson and Secretary of the Board of Directors, as there has never been any Notification of Directors and Secretaries filed with the Uganda Registration Services Bureau,” he claims.
The applicants argue that their constitutional rights were violated throughout the process.
In an appeal addressed to the club’s leadership before his eventual expulsion, Wanda maintained that the disciplinary committee had no authority to suspend him without first according him a hearing.
“The Disciplinary Committee acted without authority and jurisdiction by suspending me without according me a hearing nor bringing to my attention the complaint against me,” he wrote.
He further argued that the process offended constitutional guarantees of a fair hearing.
“It is on the grounds mentioned above, to wit; violation of the right to a fair hearing, passing a decision without jurisdiction and violation of the rights to freedom of conscience, expression, movement, religion, assembly and association, that I present this appeal,” he stated.
The respondents, including Rotary International and officials of the Rotary Club of Kampala Ssese Islands, are yet to file their formal defence to the allegations.