Masaka, Uganda – In a potentially precedent-setting case, Lujumwa Nathan, the Chief Administrative Officer of Lwengo District, is facing criminal charges for allegedly concealing records related to Non-Governmental Organizations (NGOs) operating within the district. The prosecution is being pursued privately by Volunteer Uganda Extra Limited, a move that underscores the growing importance of access to information and the willingness of civil society organizations to hold public officials accountable.
Criminal Case No. 377 of 2025, filed in the Chief Magistrate’s Court of Masaka, accuses Lujumwa Nathan of violating Section 45(b) of The Access to Information Act, 2005. According to the charge sheet dated March 31st, 2025, Lujumwa allegedly committed the offense on January 27th, 2025, at the Lwengo District Headquarters. The prosecution contends that Lujumwa, acting at the Lwengo Town Council, deliberately concealed vital information from Volunteer Uganda Extra Limited with the specific intent to deny them their legal right to access.
The information in question pertains to a comprehensive range of documents related to 79 NGOs operating in Lwengo District. These include certified certificates of approval and permits, minutes of official sittings, payment receipts documenting financial transactions, attendance lists demonstrating participation in meetings, and records related to the renewal of the listed NGOs’ operational licenses. The request for this information suggests that Volunteer Uganda Extra Limited has a vested interest in monitoring the activities and adherence to regulatory requirements of these organizations within the district.
The criminal summons issued by the Chief Magistrate’s Court commands Lujumwa Nathan to appear before the court on April 14th, 2025, at 9:00 AM to answer to the charge of concealment. The summons explicitly warns Lujumwa of the consequences of failing to appear, emphasizing the seriousness with which the court is treating the matter. The summons, dated April 1st, 2025, confirms that it was issued based on the application of the prosecution, further solidifying the legal basis for the case.
This case is significant for several reasons. First, it highlights the crucial role of the Access to Information Act in promoting transparency and accountability in government operations. The Act empowers citizens and organizations to request and obtain information held by public bodies, enabling them to scrutinize government actions and ensure that public resources are being used effectively and lawfully.
Second, the private prosecution undertaken by Volunteer Uganda Extra Limited demonstrates the increasing willingness of civil society organizations to utilize legal mechanisms to enforce their rights under the Access to Information Act. This signals a shift towards a more active and engaged citizenry, prepared to challenge instances of non-compliance and demand greater transparency from public officials. Such actions can serve as a deterrent to other officials who might be tempted to withhold information from the public.
Finally, the outcome of this case could have far-reaching implications for the broader landscape of access to information in Uganda. A successful prosecution could embolden other organizations to pursue similar legal action, strengthening the enforcement of the Access to Information Act and fostering a culture of transparency and accountability within government. Conversely, a setback for the prosecution could discourage future private prosecutions and weaken the impact of the Act. The legal proceedings are certain to be closely watched by civil society groups, government officials, and the public alike as they unfold. The case raises profound questions about the balance between the right to information and the potential for abuse by those seeking access, a debate which is sure to further the development of access to information law in Uganda.