{UAH} Mak ordered to pay Shs600m for defying court orders
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Mak ordered to pay Shs600m for defying court orders
Won. Prof Elisam Magara
Kampala. Makerere University is to pay a suspended professor about Shs617m over disobedience of court orders that halted disciplinary actions against him.
In February 2015, the High Court temporarily stopped the university from subjecting Prof Elisam Magara to any form of disciplinary proceedings until a pending dispute is heard and determined.
The court order resulted from a December 2014 suspension from the university over marks after Prof Magara, from the East African School of Library and Information Sciences, was accused of awarding and submitting marks to the head of department without marking the students' scripts.
In a High Court ruling, Justice Margaret Oguli Oumo, ordered the university to pay Prof Magara Shs250m in general damages, Shs317.5m in exemplary damages and Shs50m as damages for reputational damages.
The court also ordered the university to pay him unpaid half salary arrears from the date of issuing of the temporary order until the date of the ruling and full salary until the final determination of the main case as well as legal costs incurred.
Justice Oguli ruled that the suspension of Prof Magara, ceasing compensation and continued suspension despite the court order, is in breach of the university's own human resource manual, which limits suspension to 90 days, that action amounts to continuing with disciplinary process which is further contempt.
"…the applicant (Magara) has led uncontroverted evidence of contempt in the affidavit in support and in rejoinder to the effect that the respondents while aware of the court order, disobeyed the same by continuing to remove the applicant from his office, his projects and caused payments to him to be blocked," reads the court decision.
Incidences of contempt of court order, according to court, include incidences of calling him and directing him to withdraw from research projects, not to appear at the Swedish Embassy to witness signing of agreements directly concerned with his projects, removal of Prof Magara from advanced students supervision and causing the withdrawal of disbursements of funds to him and blocking of his payments, among others.
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