The High Court in Kampala has canceled the appointment of Donna Asiimwe Kusemererwa as the new Executive Director of National Drug Authority (NDA).
Justice Stephen Musota nullified the appointment on grounds that the position is non-existent. This means that Kusemererwa, a Pharmaceutical Management Expert who had been appointed in January 2016, ceases to act as the Executive Director.
The ruling was read by Jolly Bahinguza, the assistant High Court Civil Division Registrar. Kusemererwa's appointment was challenged in court on grounds that the position is "non-existing" and that it contravenes Section 54 (2) of the National Drug Policy and Authority Act Cap 206.
This was contained in an application filed by Florence Obiocha Nakachwa, who was challenging the termination of her contract as the Head of Drug Assessment and Registration.
Court on Tuesday directed that Kusemererwa immediately stops to act as the Executive Secretary to the NDA board and ordered that the Authority advertises the position within 60 days from the day the judgment was delivered.
In a related development,
Justice Stephen Musota has ordered the reinstatement of Florence Obiocha Nakachwa as the Head of the Drug Assessment and Registration at the National Drug Authority (NDA) effective immediately.
In his judgment read by the Assistant High Court Registrar, Joy Bahinguza this morning, Justice Musota directs that Nakachwa resumes her position because her contract was unfairly terminated.
Her lawyer Kituuma Magala of Kituuma- Magala and Company Advocates says that her client's contract was arbitrarily terminated since she was never invited to respond to any queries. On March 16, 2017, Donna Kusemererwa reviewed and appraised Nakachwa's performance without inviting her to respond to any queries.
She wrote to Nakachwa on March 17th indicating that NDA had terminated her contracted.
Speaking to Galaxy fm after the court session, Nakachwa said her case was just one out of the many workers who are being harassed at NDA.