Former NMG Journalist loses civil case against senior police officers

Mbarara, Uganda | THE INDEPENDENT | Journalist Perez Rumanzi has lost a civil case against former Kabale District Police Commander, Dickens Bindeba, and former Kigezi Regional Operations Commander, Abraham Asiimwe. Rumanzi filed the case in the Mbarara High Court, seeking declarations that the alleged beating, molestation, and unlawful arrest he experienced on April 19, 2016, at Ntungamo Police Station infringed his constitutional rights under Articles 23(1) & (3), 24, 29(1)(a)(d), 40(2), and 44(a), under Article 50(1) & (2).

He also sought remedies for the alleged unlawful confiscation of his camera and deletion of its contents. Rumanzi told the court that the respondents’ actions violated not only his constitutionally guaranteed rights and freedoms but also the police disciplinary code and the Leadership Code Act. He argued it was “fair, just and equitable” for the court to grant the declarations and orders to uphold the Constitution and the rule of law.

In their defence, Bindeba and Asiimwe argued that Rumanzi had filed the wrong type of case, claiming a notice of motion was inappropriate for a suit seeking a combination of human rights enforcement, declarations, and damages. They said an ordinary plaint should have been filed to allow evidence to be heard, and prayed that the case be struck out. Rumanzi’s counsel countered, describing the objection as a technicality curable under Article 126(2)(e) of the Constitution, and urged the court to consider the substance of the case rather than the form.

Justice Joyce Kavuma ruled that at the time the suit was filed in 2017, police officers were protected from personal liability for acts performed in the course of employment. She explained that the Human Rights Enforcement Act, 2019, now allows officers to be held personally liable, but it was not in force when the case was instituted. “The application was instituted against the wrong party,” Justice Kavuma said, noting that civil proceedings against government officers should be filed against the Attorney General under Section 3 of the Government Proceedings Act, Cap 77. “This application is hereby dismissed with no order as to costs.”

The case arose after Rumanzi, then working with Nation Media Group, went to cover a standoff between police and politicians at Ntungamo Police Station on April 19, 2016. According to his account, plain-clothes officers attempted to seize his camera, after which Bindeba and Asiimwe allegedly grabbed him, kicked and slapped him, and dragged him into the station.

He said he was repeatedly punched and kicked, while his notebook, camera, ID card, belt, and clothing were confiscated or damaged. Rumanzi sustained bruises and a swollen eye. After the ruling, Rumanzi said that while the decision was not in his favor, he was relieved to finally have closure after nine years. He added that he would consult his lawyers on potential next steps.

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