By Brian Odwori,
KAMPALA
A section of journalists has appealed to the authorities especially the office of the Inspectorate of Government and the State House Anti-corruption Unit (ACU-SH) to intervene and check the excesses in the operations of the Uganda Journalists Association (UJA).
Speaking to Journalists at centenary park Kampala on Friday, a team of complainants led by journalist Zambali Bulasio Mukasa said that the journalists body has been receiving Large sums of money from donors yet it is a non-existing body. They accuse UJA of illegal operations and misrepresentation.
This arose after the Civil Division of the High court of Uganda in Kampala dismissed the case in which five journalists; Abubaker Lubowa, Zambali Bulasio Mukasa, Emmanuel Nkata, Hasifu Ssekiwunga and Martin Kimbowa through their lawyers of PACE Advocates led by Counsel George Musisi had challenged the decision by UJA leaders Mathias Rukundo(president) and Emmanuel Kirunda (Secretary General) not to nominate and vet candidates who were willing to contest on various leadership positions in the Association.
In his ruling on 17 February 2023, Hon Justice Musa Ssekaana, dismissed the case on grounds that;
i)UJA is not a public body and does not derive their powers from any written law apart from the incorporation under the companies act
ii)The ruling further indicates that the applicants obtained a temporary injunction against the respondents in conducting their affairs
iii) also that elections are not envisaged in the memorandum of Association and Uganda Journalists Association constitution isn’t
Counsel George Musisi the lawyer who represented the complainants also told the journalists that the dismissal was an eye opener to members and non-UJA members.
“We went to court very green about the state in which the Association was registered but now we have where to start from,” he said.
“If you look at the grievances we took to court of the association collecting money, what makes members of UJA as it is now is not being a subscriber in the Companies Act but by the constitution that UJA has always presented to journalists. However, that constitution is outside the Companies Act under which we went to court. Under the Companies Act, the memorandum and articles files in 1983 for UJA doesn’t envisage an association collecting money from members or even holding elections under the constitution.”
Journalist Abubaker Lubowa, one of the petitioners said that although they are largely disagreeing with justice Ssekaana’s ruling, they also applaud him for opening their eyes on the illegal operation of UJA because many journalists have not been knowing that UJA is not a public body.
The group claims that UJA being a private company limited by guarantee has no mandate to bring together journalists and obtain funds from them as membership fee hence calling on the concerned authorities to take action on its operations.
“We are calling the IGG and the Director of Criminal Investigations Directorate to take interest in the matter because these people have been getting taxpayers’ money from government claiming it was funding a public body yet it is a private company. They have been obtaining money by false pretence under the name of helping journalists whereas not,” he said.
The team did not however divulge into details of their next cause of action arguing that the ball is now in the hands of journalists (UJA) members on whether to challenge the ruling in courts of law or let their association die in their hands.
