The case in which former intelligence Chief Gen. David Sejusa is seeking to be declared constructively retired from the Uganda People’s Defence Forces has been adjourned.
Justice Margaret Oumo Oguli of the High Court that sits at Twed Towers in Nakasero on Wednesday adjourned the case to May 6 for further hearing.
This was after Gen Sejusa’s lawyers asked court to summon Commander of Defense Forces (CDF) Gen Katumba to testify in court why they have not retired the general who of recent has been known for castigating President Yoweri Nuseveni’s thirty-year hold onto power.
Gen. Sejusa’s lawyer David Mushabe insists for the case of retirement the Chairman UPDF Commissions and Promotions Board (Katumba Wamala) is the right person to answer.
In his suit, Sejusa explains that the refusal to pay him his salary, withdrawal of his uniforms, housing and transport allowances and guns among others amount to ‘constructive discharge’ from UPDF.
He wants court to order army, to hand him his a discharge certificate as a sign that he has retired from the army and pay all his salary and allowances, damages with interest as well as his pension.
On April 22, justice Oguli allowed the government to file fresh evidence challenging Gen. Sejusa’s application.
“The hearing of the matter ex-parte (without the response from the sued party—the state) will not be fair.
Being a matter of public interest, it will be in interest of justice to accept the application and the matter resumes for hearing,” High Court Judge Margaret Oumo Oguli ruled then after accepting the Attorney General, the government’s chief legal advisor to formerly file its defence after the stipulated period of 56 days had elapsed.
Gen Sejusa’s lawyers Max Mutabingwa, Kenneth Munungu and David Mushabe had asked court to strike out the state’s affidavit in reply to their application since it was filed after the lapse of mandatory period provided for in the Constitution.
The lawyers asked court to reject the Attorney General’s affidavit and hear Gen Sejusa’s case without the response from the sued party—the state.
Gen. Sejusa told journalists after court that they are other soldiers suffering injustices like him but are quiet.