The High Court in Kampala has ruled that the compulsory enrollment of Uganda Police Force officers into Exodus Savings and Credit Cooperative Society (Exodus SACCO) without their consent violates their constitutional right to freedom of association.
In a judgment delivered by Acting High Court Judge Bonny Isaac Teko, the court held that police officers, like all Ugandans, have the right to freely decide whether to join or reject membership in any association, including savings and credit cooperatives.
The decision followed a human rights case filed by lawyer Steven Kalali against the Attorney General and Exodus SACCO saying that thousands of police officers had been automatically registered as SACCO members after completing training at Kabalye Police Training School from the 19th intake in 2015, without their express consent.
Kalali told court that monthly salary deductions ranging between 20,000 and 50,000 Shillings were made from officers’ pay without proper authorization and that many were not given an opportunity to opt out.
In his ruling Justice Teko found that Exodus SACCO failed to provide evidence showing that the affected officers had voluntarily applied for membership as required by the cooperative’s own regulations.
The judge noted that although the SACCO claimed that officers had signed membership and salary deduction forms, it did not produce any signed documents by the officers proving the same.
The court also relied on findings from a Parliamentary Committee on Defence and Internal Affairs, which had received complaints from police officers alleging that they were forced to join the SACCO.
Justice Teko ruled that freedom of association under Article 29 of the Constitution includes both the right to join an association and the right not to be forced into one.
The court further found that salary deductions made without proof of free and informed consent amounted to an unlawful reduction of officers’ remuneration.
The judge also faulted Exodus SACCO for operating financial services without the required licence under the Tier 4 Microfinance Institutions and Money Lenders Act, 2016.
