Court lifts ban on reflexologists

By Andante Okanya  

Following a two year ban, the Commercial Court has given reflexology practitioners a green light to resume their activities, quashing the ban imposed on reflexology activities by the then health minister Dr Stephen Mallinga (now deceased) in March 2011.

Justice Geoffrey on Thursday ruled that the ban was based on procedural error. Kiryabwire noted that although the minister acted in public interest, the practitioners were not given chance to defend themselves prior to the ban.

"It is apparent that the council did not share their findings with the reflexologists. I find that the applicants were not given a right to defend themselves, which was wrong," the judge said.

The practitioners were also awarded for costs incurred. The ruling implies that the practitioners can resume their activities including advertisements in the media which had previously been halted.

Reflexology is the application of appropriate pressure to specific points and areas on the feet, hands, or ears.

Reflexologists believe that these areas and reflex points correspond to different body organs and systems, and that pressing them has a beneficial effect on the organs and person's general health.

The case arose on March 24 2011, when the reflexologists filed an application for judicial review at the court in protest at the ban, contending that Government never accorded them a hearing before their activities were outlawed.

The umbrella body Uganda Reflexologists Association of Uganda, together with Alleluia Reflexology Health Solution and Nutrition Centre Limited, filed the case.

Lawyers Dennis Sembuya, and Isaac Kimaze who heads regional consultancy Legal Brains Trust, representing the reflexologists were present at the ruling. The Attorney General was not represented at the ruling.

Judicial review is conducted by the High Court in relation to proceedings plus decisions taken by subordinate courts and inferior tribunals or bodies. The Commercial Court is a division of the High Court.

The ban was premised on an investigation which showed that reflexology centres endangered patients' lives, as most lacked training and operational standards.

The Uganda medical and dental practitioners' council, nurses and midwives council, allied health professionals council and the pharmacy council, compiled the report.

The reflexology lawyers said they would compute costs suffered by their clients, then file a bill of costs.