SUMMARY OF THE SUCCESS STORIES
Legal Action for Persons with Disabilities (LAPD) is a non-governmental and non-profit organization whose principle purpose is to dispense legal duties to persons with disabilities through counselling, advice, and representation in the courts. In addition to assisting persons with disabilities (PWDs) to mount claims against discrimination on the basis of their disabilities, LAPD also provides free and sustainable legal aid services for poor persons with disabilities (PWDs) related to any matters that affect their lives.
NOTE: Please note that the names used in this document are not the real names of our clients
Mental, psychosocial, and intellectual disabilities
Mental health challenges – aggravated defilement
“John” was charged with the crime of “aggravated defilement” for his sexual assault against a young girl. LAPD took the case at the initiation of his father, who is visually impaired. If convicted of aggravated defilement, the sentence is death.
Upon his arrest, the police determined John’s state of mind to be “normal.” However, he has had a well-documented history of mental health challenges.
The justice system is ill-equipped to deal with mental health challenges, so John is being detained indefinitely, pending a ruling on his mental status. The prison health facilities are unable to handle his medical condition, which has been deteriorating since his imprisonment.
There was a ruling on the mental capacity of the client.
Mental health challenges – assault by police
“Ronald” is a father and businessman with a recurring mental health problem for which he was receiving treatment. In 2002, he could feel the condition recurring but the hospital in his rural area had run out of his medication. Sensing that he could become a danger to his family and community, he decided to avail himself of the protection of the local police. Even though he explained his situation to the police and presented them with documents, he was placed in a cell with the general population and was not provided food or water for three days. Furthermore, he was beaten severely by the officers on duty. After his attack, he returned to his community in a worsened state. He started confrontations with his neighbours who beat him up further. Ronald claims that since this incident, he has been in pain and has been unable to do his business and support his children, which has led his wives to divorce him. LAPD is currently seeking accountability from the police on his behalf.
Civil matters
Physical disability and mental health challenges – civil
The client was a woman with a physical disability and mental health challenges whose neighbour maliciously caused damage to her property, including cutting down all her trees and demolishing her latrine. When she confronted him, he threatened her with bodily harm. Despite the fact that the perpetrator confessed to his actions, the State Attorney initially declined to pursue the case. LAPD applied pressure to the court and was eventually able to obtain a judgment in the woman’s favour.
Contracts
Physical disability – breach of contract/fraud
The client was a man with a physical disability who was given a grant from the President’s office to start an income-generating activity so as to sustain himself. He decided to purchase three heifers from a cattle dealer. The dealer ended up taking all of the cattle and agreed in writing to pay the client the money, but he never made good on this promise. LAPD assisted the client in mounting a successful legal challenge against the wrongdoer and obtained redress for the client.
Physical disability – breach of contract
The client made an agreement to sell his temporary building structure and bar furniture to the defendant but the defendant neglected to pay the sum due, despite numerous reminders from the plaintiff. Through negotiations and mediation, the client was able to secure a partial settlement.
Visually impaired – breach of contract
Money borrowed by a friend, wasn’t repaid. Police were not helpful. Client was eventually paid with the help of LAPD.
Physical disability – fraud
The client bought a piece of land from the vendors, but unknown to him, the land had already been sold to another person and so the client could not take possession of it. The vendors agreed to give him another piece of land of the same value as compensation. However, the plot that he received did not amount to the full acreage owed. Through mediations, LAPD was able to reach an equitable agreement between the parties.
Family matters
Physical disability – family matter
The client was a mother of three children. Her husband was largely absent, and when he did return he subjected her to constant physical abuse. He also declined to make any payments in support of the children. LAPD was able to reach a settlement between the client and her husband, as he agreed to pay child support and stop assaulting her.
Physical disability – family matter
“Paul” was severely injured in a motor vehicle accident when he was a young child and was left with a physical impairment. The person responsible for the accident agreed to take Paul into his care. While the other children in the home attended school, Paul was left at home and he was never given any reason for this. Since he never obtained an education, Paul asked his guardian for some capital to start a business. The guardian was angered by this and chased Paul from his home, forcing him to find shelter on other people’s verandas. Through mediation facilitated by LAPD, Paul was eventually able to obtain the capital necessary to start his business.
Deaf – Family matter
The client was impregnanted by a certain man and later gave birth to a baby boy. The respondent refused to take care of her and the baby. She brought her complaint to LAPD, the client was called for a mediation of which he refused to attend. When the matter was taken to court, he agreed and came for the mediation. The memorandum of understanding was signed of which he agreed to take care of them and give them monthly upkeep and schoolfees for the boy.
There are several cases on child neglect.
Physical disability – Family matter
The client was cohabiting with a man who had another wife and they had two kids, the client used to buy her properties like a piece of land, a grinding mill of which the man sold without her consent and on top of that he used to assault her and chased her out of her land. She brought her complaint to LAPD, the matter was taken to court and the man agreed to give her back all her properties and to leave her alone with her kids.
Physical disability – Family matter
The client was being abused by husband who used to chase her out of the house and she would sleep on the verandah. The husband would tell her that she’s an old disabled woman and he wanted to marry a young woman who was not disabled. He would accuse her of so many things that she didn’t know anything about and he would tell their kids that their mum is a witch. The respondent was called for mediation and after carrying out the mediation, they agreed to go and stay in peace and he no longer assaults her.
Land issues
Physical disability – trespass to land
The client was a visually impaired man with a physical disability whose father left him a plot of land in his will. He was denied possession of his by family members but LAPD assisted him through mediation in claiming it. He is currently in full possession of his land.
Physical disability – land
The client is a man with a physical disability. Upon the death of the head of the family, there was a meeting to divide the land amongst all the interested parties. Unfortunately, the client signed the documents after the division was made without understanding what they contained. The will did not include all of the landholdings. After several mediation meetings, the client was able to reach an agreement with the other parties to stay on his land.
Employment
PWDs face particular barriers in the workplace. LAPD assists clients with all matters pertaining to employment, including discrimination, benefits, and workplace harassment.
“Peter” was a young man who was assaulted by his employer, rendering him partially blind. He sought redress for this attack and his injury. Despite the employer’s reluctance to attend mediation, the client was eventually compensated through mediation.
Sarah, is a teacher with physical disability who was unlawfully dismissed from her place work on grounds of disability with an intention of replacing her with an able-bodied employer, because she had requested to be posted to a nearby school where she could manage the distance. She brought the matter to LAPD and mediations where carried with the school management, and she was allowed to work at the nearby school where she could move easily.
Accident compensation
Many people become disabled as a result of motor vehicle accidents. LAPD provides legal aid for this class of PWDs as well.
“James” was badly injured as a result of the negligence of a company’s driver. His leg was fractured very badly and part of it had to be amputated. James was the sole breadwinner of his household and the injury rendered him unable to work. Despite the initial lack of cooperation from the company, LAPD was eventually able to secure James full compensation for his injuries through mediation.
Physical – compensation
The client alleged that his son was knocked down by a car. The perpetrator of the accident took him to his insurers head office, but he has been moving up and down for a long time without being helped at all. The client was later compensated through mediations carried out by LAPD.
Visual impairment – assault
A young man went to the university hall where he had gone to visit his friend, and was attacked and assaulted by a group of students who mistakenly thought he was a thief, he was taken to Mulago hospital and he lost his phone in the process which was later discovered. The respondent admitted liability and agreed to settle the matter by way of compensating the complainant for injuries, trauma, torture, anguish.
Physical – land
Arrest for malicious damage to client’s crops as the client was never informed of any progress and not summoned to court. The proprietor was trying to evict the lawful occupants before compensating them, as per the negotiations they allegedly entered into a memorandum of understanding in which he agreed that he be paid a monetary sum plus completion of his house as compensation to enable him give vacant possession.
Defilement – physical disability
A young girl of 14 years was defiled by a man in town and the suspect was seen and identified by the mother. She reported to a police station where the police came and arrested the suspect. He was caught red-handed in the house with the victim. The case was opened against him. The victim was taken to hospital for medical examination and the doctor’s report showed that there had been sexual intercourse.
Suspect was seen and identified by victim’s mother. She reported to police station where police came and arrested suspect. Instead of taking suspect to court, police asked complainant to reach an agreement with the suspect and settle the matter out of court, which complainant refused to do and the suspect was kept in custody for over 10 days and finally called complainant only to inform him that they had instructions from the Resident State Attorney to release suspect immediately on grounds that there was no sufficient evidence against him. Thereafter, suspect was released with immediate effect, without being taken to court. The complainant was dissatisfied with the manner in which the case was handled, LAPD intervened and Resident State Attorney took notice and immediate action was taken in the case.
Defilement – Physical, deafblind and mental
Jane was a 12-year-old girl who has mental physical and deaf blind who was defiled by an unknown person, the mother discovered she was pregnant and took her to a care home where she gave birth to a baby girl, the only suspects were her two brothers and her father. We arrested all the suspects and carried out DNA tests on all of them however, the government laboratory took over a year without giving us results, the results showed that none of them was the real father of the child but the child can from the same lineage. One of the brothers had escaped and we later learnt that he drowned himself in the river. The conclusion is that he could be the one who impregnated the sister.
Physical – Civil
A woman was walking along Kampala Street and was knocked down by a boda boda (local transport of a motor cycle) cyclist and she sustained serious injuries and lost her phone in the process. The cyclist refused to take her to the hospital until she came to LAPD. He agreed to compensate her and and bought a phone for her and this was through a mediation carried out at LAPD office.
Fraud – land – physical
A client bought from the vendors a piece of land and unknown to the client, the land had been sold to another person by the vendors before the purchaser obtained interest in it so he could not take possession of it. Through mediation, they agreed that another piece of land of the same value and size be given to the purchaser by the vendor as compensation.
Survey was carried out and respondents agreed to compensate the complainant after the whole land has been surveyed.
Land – Physical
The client was being chased from his land by his sisters and yet he had a share on his mother’s property and that it was their intention to chase him away and there was no reason for making an agreement when he has a right to stay there. The mediation was conducted and the client was allowed to stay in his land.
Land – Deaf
The client’s father died and left the estate in the hands of his stepmother who refused to give him his share of the property and on top of that she disconnected his electricity and wanted to evict him from the small house his father left him in. He reported the matter to LAPD and the respondent first refused to cooperate, when the matter was taken to court, she accepted to give him his share of the property as per the will of his father.
Land (Estate) – Deaf
The client a deaf orphan girl whose father died and left behind a lot of property. The estate was mishandled and squandered by the stepmother and other relatives while our client was left with nothing and even chased out of the house they were living in. His entire late father’s property was vested in the hands of her stepmother who never recognized her as the daughter of the deceased husband, mainly because she was ‘deaf and dumb’. In a bid to protect her interest, LAPD lodged a caveat on all the three plots and was able to acquire transfer of land to the daughter and the certificate of title acquired from the administrator general’s office.
Land – Physical
The client’s elder brother was murdered in the war in Luwero and didn’t leave behind any child so he inherited his brother’s property. He was appointed by the clan leaders and he acquired letters of administration. He put developments on the land like a dam for drawing water for cattle, fenced off land for grazing and when he went back, he found another man occupying his land without his knowledge. He bought his complaint to LAPD and on conducting a search in Land Office found out that the land was transferred into the names of another man who before being registered informed the land office that the duplicate land title was lost and contended that transfer and possession were fraudulent and deserve cancellation. LAPD successfully organized mediations and he agreed to compensate him.
Unlawful dismissal – Physical
Sauya A primary school head teacher was discriminated due to her disability, removed from the government pay roll and was allocated schools where there is already other head teachers, this was done in more than six different schools with an intention of failing her.
In a court guided mediation, the client has been allocated another school and a hand over ceremony was conducted in the presence of the LAPD staff. We have engaged the C.A.O and the district Education officer on recognizing the rights of staff with disabilities, providing working environment and the legal consequences of fail to observe them. The client is now the head teacher of a school and we are now working to ensure she is back on the payroll.
Land – Physical
Tonny, who is physically disabled was unlawfully evicted from the house which he inherited from his grandmother. His cousins took advantage of his disability and sold off the land without his knowledge. He came to LAPD for legal redress. We have been able to take on the matter against the buyer and his sisters. Through court guided mediations, we have been able to help the buyer to secure another piece of land for Tonny and have it put in his own names. Now Tonny is a proud owner of an acre of land with his own house where a thanks giving occasion was organized by Tonny and he thanked LAPD for helping him get a home for him and his little daughter.