KAMPALA, Uganda — Uganda’s High Court has ruled in favor of the Kingdom of Denmark, allowing it to substitute the Democratic Governance Facility as the plaintiff in a civil suit seeking to recover mismanaged funds.
The ruling, delivered by Justice Anna B. Mugenyi, paves the way for the case to proceed against the Centre for Constitutional Governance and two other respondents.
“The main issue for consideration is whether the Kingdom of Denmark should substitute the Democratic Governance Facility (DGF) as the plaintiff in Civil Suit No. 0953 of 2020,” Justice Mugenyi said in her ruling. “Order 1 rule 13 of the CPR provides that any application to add or strike out or substitute a plaintiff or defendant may be made to the court at any time before trial.”
The respondents, led by Executive Director Dr. Sarah Bireete, had opposed the application, citing diplomatic immunity. However, the court dismissed this argument, citing a previous ruling that a diplomatic agent’s voluntary initiation of a suit constitutes a waiver of immunity.
“Courts have overtime allowed the substitution of parties to the suit where such substitution will not prejudice the other party and it will enable the resolution of the main issues in dispute,” Justice Mugenyi said. “I, therefore, agree that once a diplomatic agent enjoying immunity initiates proceedings, then they are precluded from invoking the same from any counterclaim directly connected to the principal claim.”
The court also noted that the respondents would not be prejudiced by the substitution, as they have the right to file a counterclaim against the Kingdom of Denmark.
“The respondents will not be prejudiced, as they have the right to file a counterclaim against the Kingdom of Denmark,” Justice Mugenyi said.
The case has been ongoing since 2020, and the Kingdom of Denmark’s substitution as the plaintiff is expected to facilitate the recovery of funds allegedly mismanaged by the respondents.
Human rights activists have welcomed the ruling, with Agather Atuhaire, a renowned human rights defender, reacting on social media.
“When we exposed how corrupt, fraudulent, nepotistic, exploitative some of these NGOs are during the #UgandaNGOExhibition in June 2023, we were accused of ‘personal vendetta’ but these guys didn’t know you can’t cheat TIME,” she posted.
Atuhaire’s comments were echoed by Tricia Kitenda, who called for another #UgandaNGOExhibition, stating, “We need another #UgandaNGOExhibition because I think the rot still festers deep.”
Experts say the ruling has significant implications for the management of donor funds in Uganda, emphasizing the importance of accountability and transparency in the use of such funds.
