Embattled former Coordinator of Intelligence Organs Gen David Sejusa has been declared a non-serving UPDF officer, Chimp Corps report.
High Court Judge Justice Oumo Oguli on Saturday further directed that Sejusa should be compensated for damages.
The ex spy chief recently asked court to determine whether he was still regarded as a UPDF officer after being “constructively discharged from the army, when the army withdrew my uniform, guns, salary and other entitlements given to a serving UPDF officer.”
Citing the Common Law, Justice Oumo said “Constructive discharge” is defined by Black’s Law Dictionary as that which “occurs when an employer deliberately makes an employee’s working conditions so intolerable that the employee is forced into involuntary resignation.”
In his ruling today, the judge agreed with Sejusa that failure to pay his salary and other benefits meant “constructive discharge.”
Justice Oumo further stated that Sejusa applied as early as 1996 for retirement but over time, many of his colleagues have been let free apart from him.
The Judge said Sejusa never got a reply on his retirement request within 90 days as specified by law.
Justice Oumo emphasized that failure to retire Sejusa was a “manifestation of discrimination” which was against the laws of Uganda.
Grounds
Sejusa’s lawyer David Mushabe had argued that the applicant in his affidavit relied on an agreement between himself and the Commander-in-chief Gen Museveni’s meeting that took place on November 2015 at State House Entebbe
“The applicant says that he was invited by President Museveni and they agreed on retirement and the record shows it clearly that he has not contradicted himself,” said Mushabe.
Sejusa further relied on the letter from Chief of Defense forces (CDF) dated 8th Jan 2015 in which the chairman of the UPDF Commission and Promotions Board said he had received an application and he was awaiting for advice from commander-in-chief.
“Section 66 of the UPDF Act commands the Commission to communicate within 90 days. Regulation 20 (3) of the UPDF Act specifically give authority to commission to monitor the retirement of officers due to retirement and determine any,” he argued.
Mushabe submitted that there was no employment between the Applicant and the respondent because the applicant is neither engaged, occupied, hosted nor on UPDF duties but at home.”
The lawyer added that the applicant “no longer provides service to the UPDF, no longer receives wages and UPDF no longer require him to provide them with services. So it could be irrational to say that it controls Sejusa’s material details on how work should be performed when he has no office of deployment.”
Sejusa served in sensitive security dockets before running into exile in 2013. He would later return to Uganda to “fight from here”.
He was arrested and charged at the military court over several offense related to disciple.
But Sejusa went to the High Court to challenge his prosecution at the Court Martial yet he was literally “constructively discharged.”
Justice Oumo ordered government to pay Sejusa a compensation of Shs 750m; salary arrears as well as retirement benefits.
The judge further directed CDF and other responsible authorities not to deploy Sejusa “because he is no longer a serving army officer”.
Oumo also instructed the UPDF Promotions and Commissions Board to give Sejusa his retirement certificate.
Sejusa applauded court, saying “at least people can have hope for democracy in their country.”