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MAK Human Resource Director Disowns Affidavit in Stella Nyanzi Case

During cross-examination on Wednesday, Abunyang asked to amend the date to October 17, 2018, citing that it was a “typing error.”
06 Mar 2019 19:54
Dr. Stella Nyanzi and her lawyer Isaac Ssemakadde
The Director Human Resources Directorate Makerere University has denied contents of his affidavit against Dr. Stella Nyanzi.  

Andrew Abunyang was on Wednesday appearing before Justice Lydia Mugambe in regards to the suit in which Dr. Stella Nyanzi was challenging the University for failing to implement the Tribunal orders.

The Staff Appeals Tribunal presided over by George Omunyokol in October declared Dr. Nyanzi’s suspension illegal.

The Tribunal had also ordered that Nyanzi be paid all her salary arrears in addition to reinstatement at the institution which the institution failed to honor.

Court was shocked when Abunyang continuously asked for parts of his affidavit to be changed.

In his affidavit signed on December 10, 2018, Abunyang says Dr. Stella Nyanzi’s contract with Makerere University ended on October 17, 2017. 

But during cross-examination on Wednesday, Abunyang asked to amend the date to October 17, 2018, citing that it was a typing error. 

When Dr. Stella Nyanzi’s lawyer Isaac Ssemakadde asked Abunyang when the motion was taken to taken to court, Abunyang said he couldn’t remember.

“I do not remember when the motion was taken to court,” he said.

When further asked if he recalls seeing Stella Nyanzi’s affidavit, he said no.

Ssemakadde then asked Abunyang how this could be. “In the first paragraph of your Affidavit, you clearly say that you are writing in response to Dr. Nyanzi’s affidavit. So, how can you respond to something that you did not see?

Abunyang while under oath told court that he had not written his affidavit.

“I did not write the affidavit. It was drafted by someone in the legal department and brought to me for signing. I signed the document on 10th December 2018.”

Abunyang did not specify whether he read the affidavit before signing it and added that he does not recall which officer in the legal department brought him the affidavit to sign.

According to order 19 of the Civil Procedure Rules, affidavits should include facts which are known to the deponent or person who wrote and signed it. If proved that the contents of an affidavit are not known to the deponent or are not his, court can look at the act as fraudulent in nature.

Abunyang also confessed that Nyanzi’s extended suspension was against the human resource manual of the university that provides only 4 weeks suspension as disciplinary proceedings go on.

Dr. Nyanzi has been on suspension for more than one year. She was suspended in 2016 and later in 2017.

Justice Kabagambe adjourned the case to 17 April 2019.

 

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