The interim order issued by the High Court on Thursday does not affect decisions made by UPC President before January 19th.
Uganda People’s Congress lawyer, David Nyote says the intention of the order was to try and stop the sacking of David Pulkol, Major Edward Rurangaranga, John Odit and Moses Nuwagaba from the party executive.
However, Court could not issue an order stopping the sacking of the four officials since an interim order was meant to maintain the status quo.
High Court registrar Isaac Muwata issued an interim order of injunction restraining the party President or any other person acting on his behalf from exercising any powers under the party constitution that violate the provisions of the 2008 constitution. This was pending the disposal of the main suit set for hearing on the February 7th 2012.
It also restrained Otunnu from disrespecting and refusing to abide by and act within the spirit and letter of transitional provisions regarding the holders of party offices appointed under the 1970 constitution.
Nyote, who is also the party spokesperson, says the implication of the order stops Otunnu and other members of the party from breaching the party constitution in the future, not in the past.
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He adds that the reinstatement of the fired officials depends on the main application which challenges Otunnu’s decision to dismiss them.
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Even though the fired officials argue that they should have been fired after a delegates’ conference, Nyote says the 2008 constitution gives Otunnu the mandate to fire at will.
Nyote says Otunnu’s action to fire the four officials can only be dismissed after the main application is heard on February 7th.
However, Chrispus Ayena Odongo representing Benon Muhanguzi and Lazarus Agoro, who filed the case says Otunnu did not fire any one. Ayena says the four sacked officials did not get any formal dismissal letters and the party constitution only gives him powers to appoint not to dismiss without approval from the delegates conference.
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UPC Vice President Joseph Bbosa stresses that the officials were given their termination letters that thanked them for the services they have offered the party but had to be dismissed.
But Pulkol, the former national mobilization chief says the letter he saw mentioned reassignment of duties and not termination. He adds that they never received the letters and only saw the copies in Nakawa court when Otunnu’s camp went to seek an injunction against their meeting.
