Makerere, 'sexual harassment victim' disagree over anonymity

Mar 01, 2018

She claims to have been harassed by a lecturer and says she can only sue if her anonymity is protected.

EDUCATION

KAMPALA - Makerere University has disagreed with a former female student who is requesting permission for anonymity in her court pursuit of sexual harassment claims against a lecturer and the institution.

On January 29, the purported victim's legal representative Centre for Legal Aid (CLA), filed an application at the civil division of the High Court in Kampala, requesting that her identity be protected.

She claims to have been harassed by a lecturer and says she can only sue if her anonymity is protected. The claimant wants to be known by the pseudonym OPQ.

The application was filed through two firms CLA and Maxim Advocates. The application is supported by the affidavit of a member of her legal team, Sheila Namahe.

"After holding extensive advocate-client interviews with the victim, listening to the victims account of the events in question and giving her legal advice, the victim has expressed interest in filing a suit against the respondent(Makerere) in furtherance of her search for justice if, and only if court permits her to do so pseudonymously," Namahe states.

Namahe says on May 25 2017, the purported victim who joined the institution in 2012, was compelled to terminate her studentship.

CLA justifies the bid for anonymity, saying it will save the purported victim from ridicule, embarrassment from the offending and explosive revelations in the intended court case.

"Since court records and processes are generally open to the public and the press, suing under the victim's real name risks the danger of bringing more harm to the already vulnerable victim," CLA states.

The firm stresses that the public interest cannot be harmed, since the motive of the anonymity is to ensure that victims of such harassment obtain justice.

But Makerere, in its reply filed at the court on February 19, has opposed the move, saying two files can be opened to address her fears.

The response is supported by the affidavit of the university Deputy Secretary Yusuf Kiranda.

"The first file can bear the pseudonyms and documents to conceal her identity. It can be kept in the open registry. The second file with the genuine documents and full particulars of the victim, perpetrator, etc. can be kept by court in chambers and used for the trial without the public (including the press) getting access to it," Kiranda states.

The Deputy Secretary asserts that in his experience as a staff of the University, he is aware that claims of sexual harassment by some female students against some male lecturers have been genuine, while others are outright lies.

Kiranda says it is only logical that if the institution and the alleged  perpetrator are to have a fair trial, complete revelation of the identity of the purported victim is needed.

"Such disclosure will enable the respondent (Makerere) to find out if the incident was
reported, when, how long it took to report it, and the circumstances surrounding the same, which are all tenets of fair hearing in litigation matters," Kiranda said.

The file has been allocated to Justice Lydia Mugambe. However, a hearing date is yet to be fixed.

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