MAK blocks Nyanzi from accessing office, sues for court contempt

PIC: Stella Nyanzi

Troubled Makerere University don, Dr Stella Nyanzi's problems are far from being over.

Nyanzi 44, who was remanded at Luzira Prison on Wednesday over allegations of abusing President Museveni, has also been blocked by Makerere University to access her office, despite an order allowing her to access it.

In a suit filed against Makerere University in the Civil Division of the High Court yesterday, Nyanzi seeks a declaration that the higher learning institution has defied orders of its Staff Appeals Tribunal to reinstate her to office at Makerere Institute of Social Research.

Staff Appeals Tribunal had also directed MAK to pay Nyanzi all her salary, benefits and emoluments and to consider her long overdue application for promotion from the post of Research Fellow to Senior Research Fellow but it has given a deaf ear.

"Failure or refusal by MAK officers and staff to implement the orders of the Staff Appeal Tribunal is illegal, unjust, discriminatory and amounts to abuse of power and misfeasance in public office," she contends.

Through Center for Legal Aid, Nyanzi also seeks a court order compelling Makerere to comply with its statutory duty and implement orders of its Staff Appeals Tribunal. She also seeks damages and costs of the suit.

She contends that Makerere is in continuous breach of a series of statutory obligations, having failed to implement the decision and orders of its Staff Appeals Tribunal concerning the status, privileges, procedure and her responsibilities.

Nyanzi says as a result of MAK action, she has suffered irreparable harm through impairment of personal and vocational growth, disruption of family welfare, violation of fundamental rights to dignity, equality and non-discrimination at the workplace.

In her affidavit, Nyanzi, a mother of three children of school-going age, says the University Secretary and the Directorate of Legal affairs acknowledged receipt of the order and her letter but did not respond to it.

Nyanzi says on May 22, 2017, she demanded the university's director human resource and secretary to the appointment board a full statement of accountability regarding her salary arrears and other emoluments but they did not respond to her letter.

Nyazi is currently battling charges of Cyber Harassment and Offensive Communication under section 24, and 25 of the Computer Misuse Act, 2011 before Buganda Road Chief Magistrate's Court.

The offences, according to the Act, attracts a fine not exceeding twenty-four currency points (480,000) or imprisonment not exceeding one year or both.

Prosecution alleges that this year on September 16 in Kampala, Nyanzi used a computer to post vulgar messages on her Facebook wall to the effect that she wished President Yoweri Museveni's mother's birth canal was cursed.

The state prosecutor purports that Nyanzi insinuated that the President's mother should have suffered a still birth, which utterances are obscene, lewd or indecent.

It is also alleged that on September 19, she willfully and repeatedly used electronic communication to post offensive messages on Facebook. The posts were purportedly relayed over the internet to disturb or attempted to disturb the peace and President's right to privacy.

Background

Nyanzi was arrested at Makerere University on Friday last week and driven to the Special Investigations Division headquarters at Kireka.

Subsequently, she was transferred to Kira division Police headquarters where she was detained for over five days.

This is the second time police are arresting Nyanzi on allegations of abusing President Museveni and his family.

In April, 2017, security operatives arrested Nyanzi at Mackinnon Suites Hotel in Nakasero where she was speaking to Rotarians about fundraising money for sanitary pads for school girls.

She was charged with Cyber Harassment and Offensive Communication, which she still battles to date.

RELATED TO THE STORY

Stella Nyanzi remanded