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A Kampala High Court case has sparked controversy as a businessman seeks to compel a mental health evaluation for a government minister.
The case pits Minister of Lands Sam Mayanja and David Ssenfuka, a herbalist and entrepreneur.
Ssenfuka's Application
In January 2024, Ssenfuka filed an application requesting the court to order Butabika National Referral Mental Hospital to conduct an involuntary mental examination on Mayanja.
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Ssenfuka argues that the minister's actions and decisions raise concerns about his mental fitness for office. He cites instances where Mayanja has directed arrests of individuals, cancelled land titles, and dismissed police officers based on what Ssenfuka deems "unwise decisions."
Ssenfuka emphasizes the urgency of the evaluation, fearing Mayanja's actions could plunge the country into crisis. He highlights his attempts to reach out to Mayanja's relatives to initiate the examination as stipulated by the Mental Health Act 2018, but claims they declined.
Supporting Arguments
Ssenfuka's application includes an affidavit outlining his reasoning. He argues that repeated "unwise decisions" and disrespect for court rulings suggest Mayanja may not be acting rationally. As evidence, he presents a transcript of a meeting where Mayanja allegedly made incoherent pronouncements, including advocating for the arrest of Ssenfuka himself and criticizing the Chief Justice.
Minister and Hospital's Response
Minister Mayanja has not publicly commented on the application. However, Dr. Juliet Nakku, Executive Director of Butabika Hospital, has filed a response through the Attorney General's chambers.
Dr. Nakku challenges Ssenfuka's legal standing to bring forth the application and questions the absence of evidence regarding attempts to involve Mayanja's family. She clarifies that Butabika cannot conduct involuntary examinations on anyone suspected of mental illness. Admissions require specific criteria, and alternative avenues exist for Mayanja to receive care if needed. Dr. Nakku further argues that Ssenfuka's application is an abuse of the court process and lacks merit.
Judge Recusal and Case Status
The initial judge assigned to the case, Esta Nambayo, recused herself on April 5, 2024, citing prior reservations about the application. The case has since been reassigned to Judge Boniface Wamala.
Unresolved Issue
The court's decision on Ssenfuka's application remains pending. This case raises questions about the legal boundaries of involuntary mental health evaluations and the potential consequences for public figures accused of erratic behavior.