Rédaction Africa Links 24 with The Observer
Published on 2024-04-10 08:43:59
The attempt to start a court hearing for an application seeking to subject the state minister for Lands, Sam Mayanja, to a mental examination was halted last week. The judge allocated to the case, Esta Nambayo, expressed reservations about the application, saying she couldn’t serve justice properly. The application was brought forth by David Ssenfuka, a renowned herbalist and businessman, who believes Mayanja should undergo a mental evaluation.
On April 5, when the case was scheduled for hearing, Nambayo recused herself and ordered that the file be returned to the registry for reallocation, which is now under Judge Boniface Wamala. The application, filed on January 9, 2024, by Ssenfuka through his lawyers of IBC Advocates, seeks to direct the executive director of Butabika Dr. Juliet Nakku to conduct an involuntary mental examination of Mayanja to determine his mental state.
Ssenfuka claims to have contacted Butabika hospital twice without receiving a response, emphasizing the urgency of assessing Mayanja’s mental status. He is concerned that Mayanja’s actions and directives in resolving land disputes may lead to a crisis. Despite the Mental Health Act 2018 empowering relatives to initiate an involuntary mental examination, Ssenfuka alleges that Mayanja’s relatives refused to take on the challenge.
In his affidavit supporting the application, Ssenfuka argues that Mayanja’s repeated unwise decisions jeopardize his well-being and risk causing harm, abuse, ridicule, or exploitation. Ssenfuka witnessed Mayanja’s directives firsthand when he ordered Ssenfuka’s arrest for allegedly evicting bibanja holders on his land in Bukomansimbi district. Ssenfuka claims Mayanja’s behavior goes beyond what can be considered a mistake for a public official.
Mayanja’s statements during meetings with bibanja holders on Ssenfuka’s land are cited in the application as evidence of his questionable mental state. Mayanja’s orders to arrest individuals, cancel land titles, or criticize the judiciary and law enforcement agencies raise concerns about his mental fitness. Ssenfuka emphasizes the importance of confirming Mayanja’s mental stability before pursuing legal action against him.
In response to the application, Dr. Nakku argues that Ssenfuka lacks the authority to request the mental examination of Mayanja. She asserts that Butabika Hospital is not obligated to conduct an involuntary examination unless specific conditions are met. Nakku claims that the application is brought in bad faith and constitutes an abuse of the court process.
Ultimately, Ssenfuka’s application raises questions about the mental state of Minister Sam Mayanja and underscores the importance of ensuring that public officials are fit to perform their duties responsibly. The case is now in the hands of Judge Boniface Wamala, who will determine the next steps in addressing the concerns raised by Ssenfuka.
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