Reflexologists granted permission to sue govt for loss
Mar 27, 2015
The Commercial Court in Kampala has granted reflexologists permission to sue government for losses suffered when a ban was imposed on their activities on March 24, 2011.
By Andante Okanya
The Commercial Court in Kampala has granted reflexologists permission to sue government for losses suffered when a ban was imposed on their activities on March 24, 2011.
The ban has since been lifted, in a landmark judgment delivered on March 25, 2013, which effectively quashed the directive of the then Health minister as illegal and unlawful. The minister Stephen Malinga is now deceased.
On March 19, the court certified the claim as a class action in the presence of the class lawyer Dennis Sembuya. The law firm Kasirye, Byaruhanga and Company Advocates is listed as the class firm.
Government's chief legal advisor and representative, the Attorney General(AG), has never challenged the landmark decision in the Appellate Court.
Three associate entities were granted a 'Representative Order' to sue on their behalf and that of the others who are interested reflexology entities affected by the ban.
"It is hereby ordered that the applicants be and are hereby granted permission of this Honourable Court to sue the respondent(AG) as the named lead plaintiffs in their own right and on behalf of over 70 reflexology centres," the order reads in part.
The lead plaintiffs are umbrella body United Reflexologists Association of Uganda Limited, Alleluia Reflexology Health Solution and Nutrition Centre Limited, and Help Life Reflexology Centre.
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 order specifies that it is only those associated entities affected by the ban, that have the right to be part of the class action.
Additionally, the order stipulates that a class member wishing to opt out of the class action law suit should do so within seven days from the date of the public advertisement.
The firm has since issued a notice of certification, imploring those entities to clarify whether they are interested in pursuing the compensation class action.
The notice dated March 19, 2015, was published in the New Vision edition of Monday March 23, 2015. The entities have an option of 'do nothing if you wish to participate', and 'opt out only of you wish to be excluded.
Legal battle fact file
The legal battle 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.
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, communicated in a statement by Malinga, 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.
But in the ruling of Justice Geoffrey Kiryabwire (now stationed at the Appellate/Constitutional Court), he pronounced 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.
Last year on December 19, Sembuya filed a sh17b bill of costs at the Commercial Court in Kampala. On taxation of 18% of value added tax, the net is sh15b.
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