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Homosexuality: parent sues SMACK over son’s dismissal

The parent of a former senior one student of St Mary’s College Kisubi (SMACK) has sued the school for “illegally dismissing” their son on allegations of homosexuality. On June 20, 2018, SMACK expelled the 12-year-old for allegedly sodomising another senior one student.

See: Gay sex: Kisubi faces court for sacking student, The Observer, November 7. In a civil suit No. 466 of 2018 filed in the High court on November 16, the parent claims that the school administration chased their son without conducting any investigations in the matter or even first notifying the ministry of Education. The suit, seen by The Observer, shows that the High court acknowledged receipt on November 20, 2018.

“The plaintiff brings this suit as the next friend to the child [being of minority age] … against the defendant for a declaration that the dismissal of [the child] from the school was illegal and irregular,” the parent’s plaint reads in part.

It has been filed on their behalf by Senkeezi-Ssali Advocates and Legal Consultants. The parent further contends that when dismissing the child, his property was just jettisoned out of the school gate and was left to spend the rest of the night out in the cold in addition to subjecting him to severe assaults by a gang of students.

“His assailants even demanded and made him write stating that he has participated in the alleged homosexual acts in the statement they made him to record,” reads the plaint.

Also, no dismissal letter was issued; no refund of the monies spent for the plaintiff’s son to report to school for second term (which had just run for two weeks) was made or promised to be made. Two police medical reports at May Fair Clinic along Entebbe road dismissed homosexuality claims while the other confirmed that the student was assaulted.

The plaintiff indicates that they since engaged the school administrators variously and at times through other persons to try and have the dismissal reversed or at least regularized, all in vain.

“At all these meetings (none of which was at the instance of the school) the administrators acted aloof, firm, well protected and unrelenting with the deputy head teacher (brother Simon Mpanga) one time saying to the plaintiff “… go ahead and do what you wish because the school is bigger than anybody and has taught so many well placed individuals”,” reads the plaint.

It adds that the plaintiff and her entire family including their son has suffered and continues to suffer from the resulting “negative” publicity, uncorrected allegations and public perceptions arising from the incident. “The notice of intention to sue was served on the defendants [on July 2, 2018] who ignored the same.”

Meanwhile, The Observer has also learnt that when the clerk visited SMACK on Thursday last week [November 22], the school declined to receive the summons and plaint and referred him to their lawyer, John Mike Musisi. Through JM Musisi Advocates and Legal Consultants, they acknowledged receipt of the documents on November 22.

According to the court documents, the defendants are required to file a defence in the said suit within 15 days under 0.9 r.1, Civil procedure Rules S1 71-1. “Should you fail to file a defence on/or about that date, the plaintiff may proceed with the suit and judgment shall be given in your absence,” reads the summons.

PRAYERS

The plaintiff wants court to force the defendant [SMACK board of governors] to pay them general, punitive and special damages for their actions against their child. For instance, the parent prays that judgment be entered in their favour for a declaration that the dismissal of their child from the school was illegal, irregular and of no consequence at all.

They also want special damages of Shs 1m spent on treatment of the child, Shs 1,670,200 being spent and un-refunded school fees for second term, 2018, Shs 1.9m spent on purchase of school requirements for second term and Shs 3m spent on joining the new school after dismissal from SMACK.

The accused student had only studied for three weeks into the second term at SMACK. He stayed home for the rest of the term until his parents enrolled him in another boarding school this third term.

The parent prays for general damages for defaming their son, damages for pain and suffering caused to him because of the dismissal and the way it was handled. Lastly, the plaintiff wants punitive damages for the defendants’ impunity, insolence and disregard for the law.

nangonzi@observer.ug

Comments

+1 #1 Treva 2018-11-30 17:02
I am delighted by this good news. Brother Simon. the imbecile, should prepare to go to jail.

This matter is of a serious criminal nature. How much longer must we allow psychopaths to run our schools?

The time has come for the state to end this impunity. That creepy priest and his boss must go to prison.
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-1 #2 Lakwena 2018-12-01 16:02
Quoting Treva:
I am delighted by this good news. Brother Simon. the imbecile, should prepare to go to jail.

This matter is of a serious criminal nature. How much longer must we allow psychopaths to run our schools?

The time has come for the state to end this impunity. That creepy priest and his boss must go to prison.


But Treva, the Homosexuals are the sociopaths who either need counseling, taken to mental institution for psychiatric treatment, or Ssenga sexual re-orientation sessions and/or treatment.

Otherwise how can a real intelligent/reasonable man go behind another hairy man to become stupid/dumman?
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0 #3 Treva 2018-12-01 19:41
Lakwena- You should know that the Catholic Church which runs Kisubi, is riddled with homosexual child molestation scandals all over the world.

Once again, we have a case of bullying in school, and of a very serious false accusation leveled against a young man. Idiots like you are quick to condemn him before you even understand the crime committed against him.

You blame the victim, and think you are moral for doing so. You have the mind of a swine herd.

The school has mistreated the child, and caused unbelievable suffering to him and to his family. No celibate priest shoukd be given the right to destroy families through such criminal negligence and stupidity.

Lakwena, you are an odious imbecile. This matter is not about homosexuality, which is the pretext. It is about bullying in schools and the irresponsibility, culpability, and complicity of school administrators. I hope they sue them for billions.
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0 #4 Lakwena 2018-12-03 09:00
Quoting Treva:
Lakwena- You should know that the Catholic Church which runs Kisubi, is riddled with homosexual child molestation scandals all over the world. ...

Lakwena, you are an odious imbecile. This matter is not about homosexuality, which is the pretext. It is about bullying in schools and the irresponsibility, culpability, and complicity of school administrators. I hope they sue them for billions.


In other words Treva, your recourse to insults, anger and defending wrongdoing, exposes your intellectual, social and morality bankruptcy.

And because I am not an idiot and imbecile, I am not bothered by your insults. They bounce back at you.

In other words, you are an uncultured and dirty minded persona on parade; which is why you are angry, foul mouth and spew it allover, in response to wrongdoings.
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0 #5 Lakwena 2018-12-03 09:21
And Treva, Homosexuality is neither Catholic Church's official doctrine, dogma policy, nor promoted as human right case. Since it is a sexual malady/malfunction, alias vice; homosexual practice by pervert priests in the church is condemned as a vice not a virtue.

In other words, those pervert priests are sick in need of help.
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