Firm ordered to pay sh250m to deceased maid’s family

_______________

A labour export firm has been ordered to pay sh250m in damages to the family of a maid who died in Saudi Arabia in 2019.

In a judgment dated October 7, Civil Division of the High Court Judge Boniface Wamala found that Horeb Services Uganda Limited violated the late Milly Namutamba’s right to life by failing to protect her after externalising her labour and failing to account for the cause of her death and hence was liable to compensate her family.

“The respondents (Horeb Services Uganda Limited and Ezra Mugisha) shall pay to the applicants (Desire Namale and Charles Mutasa Muyingi) a sum of sh200m in general damages and sh50m in special damages,” Wamala ruled.

In an affidavit, Namale, a daughter of the late Namutamba stated that her mother was externalized by Horeb Services Uganda Limited on August 19, 2018, as a domestic worker.

She stated that at the time of leaving the country, her mother was in perfect health and was subjected to a medical check-up by the firm.

While her mother was in Saudi Arabia, Namale said they kept in constant communication for about five months before she unceremoniously went silent.

After one month of no communication, Namale stated that she got worried and contacted her relatives including Muyingi who advised her to go to the offices of Horeb Services and raise the matter.

She stated that she kept frequenting Horeb Services for two years seeking to know what had happened to her mother but the company was non-responsive, prompting them to seek legal redress.

In defence, Mugisha, the Horeb Services managing director stated that the company entered into a contract for recruitment of migrant workers with Al Manasa Recruitment Agency of Saudi Arabia which laid out the obligations of the parties.

Mugisha said these included being responsible for the domestic workers throughout the period of the contract and that in case of death, it would facilitate the repatriation of the remains and pay a compensation package to the worker’s family.

He averred that the Ministry of Gender, Labour and Social Development approved a job order permitting Horeb Services to deploy housemaids to Al Manasa Alzahabia Recruitment Agency Saudi Arabia and the late Namutamba was one of the candidates for the above order.

“The late Namutamba was cleared by the works ministry to work as a maid in Saudi Arabia and signed a contract with the employer represented by the Saudi Arabia recruitment agency. The contract provided that in case of death, the Saudi recruitment agency had the obligation to inform the Ugandan authorities and the migrant worker’s next of kin,” Mugisha stated.

He stated that in April 2019, when her family members informed the company that they were no longer in communication with her, the company immediately sent a complaint to the recruitment agency and a follow-up email on September 20, 2019, and another email regarding her non-communication to which the Ugandan attaché in Saudi Arabia was copied.

Mugisha stated that on May 4, 2021, Horeb Services cancelled its contract with the Saudi recruitment agency due to communication gaps and failure to respect the terms and conditions of the contract and the bilateral agreement.

Mugisha averred that on September 14, 2022, the company received communication from the Ugandan Embassy in Saudi Arabia informing the Permanent Secretary Ministry of Foreign Affairs that Namutamba died on January 21, 2019, and was buried without any permission granted and without informing her family members.

He stated that the company immediately informed the family members and a meeting was convened wherein the family members requested $35,000 as compensation and for facilitation to five persons to travel to Saudi Arabia and pay final respects to the deceased.

Rose Wakikona from the Women’s Probono Initiative (WPI) represented the family of Namutamba while Ferdinand Tumuhaise from M/s Kampala Associated Advocates represented Horeb Services and Mugisha, the respondents in the case.

Rehema Nassozi (not real name), a migrant worker who faced a similar scenario welcomed the court decision saying it will impose responsibility on the local labour export firms to ensure that the workers who go through their hands are protected.