Rédaction Africa Links 24 with The Observer
Published on 2024-02-03 05:25:50
The High Court in Kampala recently made a groundbreaking ruling that social media messages exchanged between parties can constitute a binding contract under Section 3 of the Contracts Act 2010. This means that messages exchanged on platforms like WhatsApp can be considered legally binding agreements.
The commercial division judge, Patricia Kahigi Asiimwe, delivered this landmark decision, stating that social messages are considered data messages generated, sent, received, or stored by computer means, and they include voices used in automated transactions and stored records. This ruling stemmed from a case filed by Dr. Rodney Mugarura against Paramount Hospital Kampala Limited and its director, Dr. Simon Begumisa.
Dr. Mugarura accused the hospital and its director of failing to pay his professional fees amounting to Shs 41.5 million after hiring him via WhatsApp to perform complicated surgeries. In his testimony, Dr. Mugarura stated that Dr. Begumisa approached him via WhatsApp in September 2019, introducing himself as the director of Paramount Hospital. Dr. Begumisa informed Dr. Mugarura that the hospital ran many departments, including orthopedic surgery, and desired to work with him under a similar arrangement.
The two parties met and agreed that Dr. Mugarura would be called in whenever his services were required, and it was also agreed that he would be paid for his professional fees, surgical implants used in surgeries, and other services provided in the process of attending to the patients. Despite several payment demands, the respondents did not pay the money.
During the hearing, it was determined that the matter proceeded ex parte since the respondents were served but failed to appear. The court was expected to decide whether Dr. Mugarura and the respondents had a valid and legally binding agreement executed via WhatsApp.
Dr. Mugarura brought witnesses to court, including the surgical nurse he worked with and evidence from other fellow doctors who had reviewed the patients he operated on. After reviewing the WhatsApp messages, Justice Asiimwe concluded that the messages indicated an offer made and accepted, as well as the provision of services, constituting a contract.
Under Section 10 (3) of the Contracts Act, a contract is considered in writing if it is in the form of a data message, accessible for subsequent reference, and otherwise in words. Justice Asiimwe also explained that under the Electronic Transactions Act 2011, a “data message” includes data generated, sent, received, or stored by computer means, and the “data” itself means electronic representations of information in any form.
The judge further explained that a cellphone is considered a computer according to The National Information Technology Authority, Uganda Act, 2009. Hence, WhatsApp messages are considered data messages, and the negotiations between Dr. Mugarura and the hospital director indicated that services were provided and the respondents owed him money.
As a result of the ruling, the hospital has been ordered to pay Dr. Mugarura Shs 41.5 million together with an interest rate of 20 percent from the year he filed his case in 2021 until the hospital fully settles the amount.
This ruling sets an important precedent in the legal recognition of social media messages as valid evidence of legally binding agreements. It also highlights the importance of being aware of the legal implications of communications conducted through digital platforms, especially in the context of business and contractual relationships.
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