Kampala, Uganda.
The Makindye Magistrate’s Court in Kampala has issued a ruling compelling a local WhatsApp group administrator to reinstate a member who was unjustly removed from the group. This ruling highlights the crucial need to protect individuals’ rights of association in the digital sphere and underscores the legal considerations surrounding online communities.
The case centres around Mr. Herbert Baitwababo, a registered member of a WhatsApp group known as “BUYANJA MY ROOTS,” which was created by Mr. Allan Asinguza. The group aimed to facilitate social contributions, express condolences, and extend support to calamity victims in the Buyanja Sub County. However, Baitwababo became dissatisfied with the lack of transparency regarding the group’s management and the funds collected from its members. To address these concerns, Baitwababo wrote a letter to Asinguza on May 16, 2023, seeking accountability and an audit report dating back to the group’s formation in 2017.
Instead of addressing Baitwababo’s legitimate concerns, Asinguza opted to remove him from the WhatsApp group on May 17, thereby infringing upon Baitwababo’s right to association. Baitwababo argued that his removal was a deliberate attempt by Asinguza to enrich themselves unfairly and evade financial accountability.
Presiding over the case at the Makindye Magistrate’s Court, Acting Senior Grade One Magistrate, Mr. Igga Adiru, delivered a landmark ruling in favour of Baitwababo. In the absence of the respondent, Adiru ordered Asinguza to reinstate Baitwababo as a member of the “BUYANJA ROOTS” WhatsApp group, emphasizing the need to protect Baitwababo’s right to association. The court also issued a permanent injunction to prevent any future infringement on Baitwababo’s associational rights.
This ruling has far-reaching implications, as it sets a precedent for safeguarding individual rights within online communities, specifically WhatsApp groups. It underscores the responsibility of group administrators to respect the rights of their members and address grievances through proper channels rather than resorting to arbitrary ejections.
