A court in Uganda’s Makindye division in Kampala has issued a directive to reinstate a member who was previously ejected from a WhatsApp group. The court’s decision came after Herbert Baitwababo challenged his removal from the ‘Buyanja My Roots’ WhatsApp group, administered by Allan Asinguza.
According to the Daily Monitor, a Ugandan newspaper, Baitwababo approached the court, stating that the WhatsApp group was formed for charitable contributions, offering condolences, and providing support to residents of Buyanja sub-county in Rukungiri district. Each member was required to pay a membership fee of Sh.30,000 (approximately Ksh.1,000).
In an affidavit, Baitwababo explained, “As members of the said WhatsApp group, we developed an idea of starting an association and agreed that one had to pay Sh.30,000 only to subscribe for the membership, and as such, I fully registered.” He further noted that all communication and matters related to the association were conducted through the WhatsApp group.
No further questions, your honour, I rest my case. pic.twitter.com/YR7KGLO3Jt
— Mzilikazi wa Afrika (@IamMzilikazi) June 29, 2023Trouble arose when Baitwababo inquired about the group’s management process, an audit report, and the accountability of funds collected since the group’s establishment in 2017. In response, Asinguza removed Baitwababo from the WhatsApp group on May 17, 2023, leading Baitwababo to seek legal recourse.
In a ruling delivered on Monday 19 June 2023, the court not only ordered the reinstatement of Baitwababo to the ‘Buyanja My Roots’ WhatsApp group but also imposed a permanent injunction preventing any administrator from ejecting him. The court emphasized that such actions infringe on the individual’s right and freedom of association.
“The applicant be ordered back to the ‘Buyanja My Roots’ WhatsApp group. A permanent injunction is also issued restraining the respondent, his agents, or his assignees from further infringing on the applicant’s right of association,” directed the magistrate.
