Govt, NGO in sh1b law firm permit battle

By Andante Okanya

KAMPALA - The Ugandan government and a non- governmental organization Centre for Legal Aid (CLA) are locked in a battle over sh1b in damages, for purported non-issuance of a permit for this year to the NGO.

On September 3, government’s chief legal advisor and representative the Attorney General(AG) filed a reply protesting the sh1b demand.

The case arose on June 19, when CLA filed an application for judicial review at the civil division of the High Court in Kampala, accusing the Law Council of refusal to inspect and certify its premises as a registered legal aid provider.

CLA is located on Teachers House along Bombo Road in the city.

The Law Council is the statutory regulator of legal services in the country. It approves the content of law programmes for law degrees and accredits universities teaching law.

It is also responsible for pre-entry examinations to the Law Development Centre (LDC) and approves the eligibility of lawyers. It also accredits other universities.

Through its lawyer Isaac Semakadde, the NGO laments that it stands to lose out on lucrative prospects, despite fulfilling requisite standards.

The application is supported by the affidavit of CLA's project manager Herbert Byansi, who asserts that apart from CLA, other entities that applied for inspection before March 31 have been duly inspected and certified.

"At all material times the applicant has, at great cost, strived to purchase, acquire and maintain all the requirements for registration as a legal aid provider, but the indifference, inaction and silence of the Law Council have condemned the applicant to suffer the indignity of operating with unclear status for the past 18 months," Byansi states.

CLA accuses the council of stealing its money under the pretext of collecting inspection/accreditation fees, yet it had no intention of providing such services.

Byansi contends that any further delay to inspect and certify CLA's premises will effectively deny the vulnerable and marginalised access justice at a crucial stage of the nation's democratic experience.

He says CLA is unnecessarily exposed to disentitlements from recovering costs in courts.

Byansi also states that litigation risk from clients and other stakeholders could arise, with allegations of misrepresentation as a result of operating a legal aid provider without accreditation.

But in an affidavit in reply, the secretary of Law Council, Margaret Apiny, denies claims of a deliberate measure to sideline CLA, saying inspection is hinged on availability of funds. She also states that the inspection exercise is ongoing.

“Inspection of legal aid service providers is donor funded and can only be carried out as and when funds are available and released to the Law Council,” Apiny states.

She explains that an agreement for funding and supervision of legal aid by Democratic Governance facility was only signed in October 2014, and the funds subsequently released to the Law Council in April this year.

Apiny wants court to dismiss the case with costs paid to the AG.

A hearing date is yet to be scheduled.