Intern doctors under their Associations (UMA), Uganda Medical Association and Federation for Uganda Medical Interns (FUMI) have petitioned the High Court in Kampala seeking to suppress the directive from the Ministry of Health directing them to vacate their respective hospitals for participating in the ongoing industrial strike.
Together with a civil society organization Centre for Health, Human Rights and Development-CEHURD, the umbrella Associations have sued the Attorney General alongside Dr. Henry Mwebesa, the Director General Health Services in the Ministry of Health for his December 10th directive to striking doctors.
The doctors contend in their application filed before the Civil Division of the High Court, that on May 17th 2021, they went on a nationwide sit down strike to collectively bargain for better working conditions, better remuneration, improved accommodation, salary increment among others.
The evidence submitted to court shows that on June 1st, 2021, President Yoweri Kaguta Museveni met their leadership and directed that the pay for medical interns is enhanced to at least half of the recommended pay of their fully appointed officers in respective professional lines with effect from July 2021.
Failure to implement the aforementioned directive forced the doctors to resume their nationwide strike on November 6th 2021, arguing that until the directive that enhances their salaries is implemented they were not going back to hospitals.
However, to their surprise, on December 10th 2021, Dr. Mwebesa directed all the Hospital Directors/Medical Superintendents to dismiss or have all the doctors on strike vacate the hospital premises within one week from the date of his letter.
Now, through their lawyers of CEHURD, Tangle Advocates and Spring Advocates, the applicants argue that the nationwide strikes or industrial actions are one of the legally acceptable means of collectively bargaining for better working conditions, enhanced wages among others and that in reaching the contentious decision, the doctors were neither consulted nor heard.
They further argue that two days ago, they wrote to Dr. Mwebesa and copied in the Attorney General requesting them to recall the directive and decision directing them to vacate premises but in vain and efforts to dialogue have been futile.
The doctors argue that the said directive is illegal and breached the Intern Doctors right to a fair hearing and legitimate expectation to complete their medical training and get fully registered with their professional councils as Medical Officers, Pharmacists and Nurses Midwives respectively.
The application is supported by three affidavits including one for Dr. Faith Nabushawo the Secretary General of FUMI who also doubles as the Deputy Secretary General of UMA, Noor Musisi Nakibuuka the Director of Programmes at CEHURD and UMA President Dr Samuel Odongo Oledo who say are all aggrieved.
They want court to quash the directive on grounds that it's irrational, arbitrary and procedurally wrong and unjustified.
They further want a temporary injunction restraining the Hospital Directors and Medical Superintendents from implementing the decision in issue until the main case challenging its legality has been determined.
