Letia Shamil Atabua was a student at Cavendish University in Uganda and often complained about being treated unfairly by some lecturers.
In one semester, he was given four retakes out of six course units. So he started complaining and insisting loudly that he needed to see his examination papers for the course units he retook.
What did the university do? The academic registrar indefinitely suspended him on the spot without giving him a chance to defend himself.
Atabua, a poor student, contemplated his options. Going to court would require money, which he did not have. Just giving up and walking away would not give him the justice that he wanted.
So he went to court and opted to represent himself since he did not have a lawyer. Cavendish secured the services of MMAKS Advocates, a top law firm in Kampala.
In court, Atabua said he had repeatedly complained about what he called “discriminatory conduct” by some lecturers, but that the university did not address his concerns.
He argued that the suspension was unlawful and did not follow the university’s rules.
He told the court that “without giving the univeristy giving him a fair hearing or any hearing, the Academic Registrar was unfair to him.
Atabua said that when the university later held a disciplinary committee meeting on February 10, 2023, to discuss the accusations against him, he was never made aware of the final decision.
Because of this, he asked the court to issue an order forcing the university to give him access to his academic records.
Among the documents he wanted were certified copies of his academic results so that he could transfer to another university, such as the International University of East Africa (IUEA) or any other institution of his choice.
He also asked the court to compel the university to give him the disciplinary investigation report, the record of the committee meeting, and the committee’s final decision.
In addition, he asked the court to award him general damages for the inconvenience and losses he said he had suffered because of the university’s actions.
In response, the university strongly rejected Atabua’s claims.
Cavendish University told the court that “on various occasions, Atabua insulted and used abusive language against members of staff and as a result, he was suspended for purposes of conducting a disciplinary hearing.”
The university said that, even while he was on suspension, Atabua allegedly continued insulting staff and damaging the university’s reputation.
According to the university, after investigations were completed, Atabua was invited to attend a disciplinary committee meeting but chose instead to take legal action.
It also argued that he had never formally applied for his academic results and that examination results are usually published for students to see.
The university also claimed that Atabua had already filed several other cases against it about the same issue, and that one of those cases was still pending before the court.
For that reason, they asked the court to dismiss the application.
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However, before deciding the main arguments of both sides, Justice Joyce Kavuma asked whether the application had been filed within the time allowed by law.
Under the judicial review rules, anyone who wants to challenge a public decision in court must normally do so within three months from the date when the decision was made.
She noted that the disciplinary committee decision Atabua was complaining about was made on February 10, 2023, but the application before the court was filed on November 2, 2023. That meant he waited more than eight months before bringing the case.
“There is no reason advanced by the applicant why he filed the instant application after such a long time,” Justice Kavuma said.
Because of this delay, she ruled that the court did not have the legal power to hear the case.
She explained that when a case is filed outside the time set by law, the court cannot proceed unless the applicant has asked for an extension of time and given good reasons.
Justice Kavuma said the law on time limits is not just a small technical rule but an important requirement that must be respected.
In the end, she dismissed the entire application, and Atabua’s fate was sealed.
To make matters worse, Atabua, who could not afford a lawyer, must pay the legal costs incurred by Cavendish University.
Like Charles Dickens wrote in Oliver Twist, a novel about a poor orphan’s attempt to navigate London’s unfair criminal laws in the 19th century, sometimes the “law is an ass.”
