Sejusa says he was 'constructively dismissed' from UPDF

May 04, 2016

Sejusa's application to retire requires court review

Hearing of the case in which Gen. David Sejusa is seeking a court's declaration that he was legally dismissed from the army, got underway on Wednesady with his lawyers saying UPDF committed an illegality by not responding to his application for retirement. 

Sejusa's lawyers led by David Mushabe told court presided over by deputy head of the Civil Division, Margret Oguli-Oumo that a series of events by the UPDF indicated that Sejusa was 'constructively discharged' from the army and he is no longer a serving UPDF officer. 

"UPDF conduct shows that the applicant's services are no-longer needed by UPDF," Mushabe submitted. 

He said UPDF's decision to ignore Sejusa's application to retire from the army requires court review. 

Mushabe noted that Article 22 of the Constitution gives Sejusa locus standard before court so that any person suffering before any administrative body has a right to be treated justly and fairly.  

"Since 90 days expired on April 6, 2015 up-to-date there is no response on Sejusa's application from the UPDF that is why he ran to the temple of justice to promote his legal right," he submitted.

Mushabe asked court to find that UPDF's refusal to pay Sejusa his salary, and to deploy him with his uniform and arms withdrawn amounts to 'constructive discharge', which indicates that Sejusa's dismissal from UPDF was a legal process.

 

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