Drug abuse: Student loses court bid to return to school following suspension

Kampala, Uganda | THE INDEPENDENT | Tracy Natukunda Bamanya, a senior six student of St. Peters Senior Secondary School Naalya has lost an application for an interim High Court order compelling the school to readmit her. Civil Division High Court Judge, Musa Ssekaana delivered the verdict Wednesday morning, arguing that Natukunda posed a threat to other students and the school since she was suspended on allegations of possessing drugs.

In her affidavit, Natukunda, a student of Divinity, Entrepreneurship, and Literature (DEL) explained that on August 12th, 2022 while other students were receiving report cards, she recieved a suspension letter dated August 11th, 2022 on allegations of misconduct and wasn’t given chance to defend herself. According to Natukunda, she complained to the head teacher who informed her that they had invited her mother to discuss her misconduct in vain.

She says the head teacher offered to discuss the matter in detail at a later date but subsequent appointments never materialized. The case is pending a hearing. However, as the date for reopening schools on September 4th, 2022 neared, Natukunda filed an application seeking interim orders stopping the school from implementing their decision and allow her to report to the school, study, and write her exams as they wait for the determination of her main application.

In her application, Natukunda argued that if such orders are not granted, she may lose a chance to complete the syllabus and other topics that had not been covered, which may lead to her failure in the final exams. However, the school headteacher, John Katongole opposed the application saying that Natukunda was a threat to the school and her colleagues. He explained that in the first term of the 2022 academic year, Natukunda was found in possession of cannabis, a banned substance and a matchbox.

He explained that when questioned, Natukunda admitted wrongdoing and apologized.  Katongole said that it was also discovered that Natukunda had been distributing cookies containing cannabis and cannabis to her colleagues.

He says that they held a meeting with her mother and it was resolved to grant her temporary leave and allow her to continue with her studies. But he says Natukunda started attacking other students she believed had reported her.

The school invited Natukunda together with her mother for a disciplinary meeting on August 10th, 2022 but non of them showed up according to Katongole. He explained that the school then decided to indefinitely suspend Natukunda as she was posing a threat to other students.

“That the school management allowed the applicant to do her final A’ Level Examinations from the respondent but could not tolerate her continuing to be a danger to the health and safety of other students,” Katongole said in his affidavit.

Delivering his ruling, Justice Musa Ssekaana dismissed Natukunda’s interim application arguing that the students and staff of the school would suffer more if the court granted her prayers for the temporary injunction as she wasn’t only supplying drugs to students at the school but also disrupted those she considers to have reported her.

“The Applicant’s presence in the school is a danger to the health and safety of the students at the school,” he ruled. He noted that public bodies or schools, which exercise public functions should not be prevented from exercising disciplinary powers in such instances of grave violations of their rules and national laws unless the person seeking an injunction can establish a prima facie case that the public authority or school is acting unlawfully.

“The public body or school should be deemed to have taken the decision or adopted a measure in the exercise of powers which it is meant to use for the public good of its students or staff,” ruled Judge Ssekaana. He adds that the school should be given the benefit of the doubt in the exercise of its disciplinary powers against the student until the court finds it otherwise that Natukunda’s rights against the entire school community and the danger she poses to the school including students are a factor to consider.

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