Court to determine fate of Chapter Four on March 18

Kampala High Court has set March 18 to deliver a ruling that will determine whether or not government lawfully closed the operations of Chapter Four, a civil society organisation.

In August last year, government suspended operations of at least 54 civil society organisations, including those of Chapter Four, in a move aimed at tightening its grip on their activities.

“This matter shall come up for ruling on March 18, 2022 by email. I so order,” presiding judge Musa Ssekaana said yesterday in a brief court session.

The setting of the date followed brief submissions by Chapter Four lawyer Apollo Katumba.

Mr Katumba informed court that the parties had filed their written submissions as directed late last year to base on to write its decision.

“Court gave parties a time frame to file submissions. The submissions are on file and we believe they are on court record. My lord, the matter is ripe for ruling and we pray that you give the parties the ruling date,”  he said.

The National Bureau for Non-Government Organisations (NGO Bureau),  a respondent in the matter, was represented by Ms Charity Nabasa from the Attorney General’s chambers.

The case arose in October last year when Chapter Four sued the NGO Bureau, challenging its decision contained in an August 18 letter, accusing it of operating in “non-compliance” with the law.

“The decision of the respondent communicated in a letter dated August 8, 2021, concluding that the applicant (Chapter Four), is operating in contravention of the Non-Governmental Act, 2016, is irrational, unreasonable, unlawful and is void,”  the petition reads in part.

“The decision of the respondents that the applicant (Chapter Four), ceases operations with immediate effect was high-handed, arbitrary, illegal and ultra vires the Non-Governmental Organisations Act,” the petition adds.

In an affidavit of Ms Zahara Nampewo, the chairperson of Chapter Four, and Mr Peter Magelah, a lawyer with the same organisation, contends that the NGO Bureau suspended its activities to enable comprehensive investigations into its operations.

They further claim that the NGO Bureau wrote to various government entities, including their bank Absa, Financial Intelligence Authority, ordering them to halt operations with Chapter Four.

According to Chapter Four, the actions of the NGO Bureau are without factual basis on grounds that prior to the closure, they were filing their annual returns with the latest being in January last year and that they were fully compliant with the law.

However, Mr Stephen Okello, the executive director of NGO Bureau, accuses Chapter Four of failing to file its annual returns for 2020, hence his move to suspend its activities.

Some of the Chapter Four activities that were affected by the government closure include research and investigations into incidents of human rights violations in the context of enforcing the control of Covid-19 pandemic rules and training of more than 60 local journalists on human rights reporting.

Some of the organisations that were affected by decision had been involved in an observation operations during the disputed presidential election in January last year.

Late last year, Cabinet adopted a report on the operations of the NGOs in the country following a two-month validation and verification exercise of all NGOs in the country.

The validation report indicated that there were a total of 3,810 NGOs, out of which, 2,118 have valid permits. 

The report also states that1,635 NGOs are indigenous while 254 are foreign.

Other affected NGOs
1.Africa Institute for Energy Governance (AFIEGO)
2. Western Ankole Civil Society Forum (WACSOF)
3. Citizens’ Concerns Africa
4. Elohim Power Transforming Africa
5. Orone Foundation
6. Light Concepts
7. Public Policy Institute
8. Otubet Youth United Development Organisation
9. Support Girl Child Uganda
10. Saints Preparation Ministries
11. Adoration Ministries
12.Islamic Da-awah and Orphanage Foundation
13. Jesus Shines Youth Ministries International
14.La Borne Missionary Centre Uganda
15. Wanyange Child Support Foundation