In a significant ruling, the Makindye Magistrate's Court in Kampala, Uganda has ordered one Allan Asinguza, the administrator of the popular WhatsApp group 'BUYANJA ROOTS,' to reinstate Herbert Baitwababo as a member.
The court found that Baitwababo was unjustly removed from the group without his consent, violating his right of association.
Acting Senior Grade One Magistrate Igga Adiru issued a permanent injunction, restraining Asinguza and his agents from further infringing on Baitwababo's right of association. The ruling was made in the absence of the respondent.
“A permanent injunction doth issue restraining the respondent, his agents and or his assignees from further infringing on the applicant’s right of association. No orders as to costs,” Adiru ruled.
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According to Baitwababo's application, the 'BUYANJA ROOTS' WhatsApp group was created by Asinguza for the people of Buyanja sub-county.
Its primary purpose was to facilitate social contributions for charity work, condolences, and support for disaster victims.
"As members of the said WhatsApp group, we developed an idea of starting an association and agreed that one had to pay Shs30,000 only, to subscribe for the membership, and as such, I fully registered," stated Baitwababo in his affidavit.
“All communication and matters concerning the association were conveyed through the WhatsApp group."
Baitwababo emphasized that all communication and matters related to the association were conveyed through the WhatsApp group.
However, on May 16, 2023, he sent a letter to Asinguza, requesting an instrument to manage the group's affairs, an audit report, and an account of the funds collected since the group's formation in 2017.
To Baitwababo's surprise, Asinguza reacted by removing him from the WhatsApp group on May 17.
Baitwababo argued that this action violated his right of association and was intended to unjustly enrich Asinguza.
In seeking the court's protection, Baitwababo requested an order directing Asinguza to reinstate him to the group, and an order of perpetual injunction to prevent further removals.
He stressed that this was necessary in the interest of substantive justice.
The court agreed with Baitwababo's arguments and ruled in his favour.
The decision sets a precedent for similar cases, highlighting the importance of respecting individuals' rights in online group settings.
Lately, WhatsApp groups have become a prevalent form of communication and community-building, allowing like-minded individuals to connect and collaborate.
However, this ruling reminds administrators that they cannot abuse their authority and must respect the rights of group members.
It remains to be seen whether Asinguza will comply with the court's order and reinstate Baitwababo to the 'BUYANJA ROOTS' WhatsApp group.
As the case unfolds, it serves as a reminder that digital platforms, while offering many benefits, should also be governed by principles of fairness and inclusivity.
