Family of maid who died in Saudi Arabia awarded Shs250m

The family of a Ugandan woman who died and was secretly buried in Saudi Arabia where she worked as a domestic maid was yesterday awarded Shs250 million in damages.
High Court Justice Boniface Wamala directed Horeb Services Uganda, a labour export firm, and its managing director, Ezra Mugisha, to compensate the family of the late Milly Namutamba, and meet the legal costs of the trial.
Justice Wamala said the company’s failure to inform the family about Namutamba’s passing and internment could not go unpunished. “Having found that the respondents committed a violation of the late Milly Namutamba’s right to life, it follows that the applicants are entitled to damages owing to the wrongful acts of the respondents.” 
“The applicants showed in evidence that they suffered from mental anguish, inconveniences, grief, and pain while trying to find out the whereabouts of the deceased. They further suffered mental and psychological pain upon learning that their family member had fallen sick, died, and was buried in Saudi Arabia, without the consent or consultation with the family members in Uganda.
He awarded the family Shs200m and Shs50m in general and exemplary damages, respectively. The late Namutamba’s daughter, Desire Namale, and brother, Charles Muyingo Mutasa, had asked for Shs700m in damages.
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With growing concerns about the welfare of Ugandans sent abroad to work as domestic workers, the ruling is expected to force labour-exporting companies to show a higher duty of care over their recruits.
Court documents show that the late Namutamba left the country for Saudi Arabia on August 19, 2018. In an affidavit submitted to the court, Ms Namale said her mother was in good health, which was confirmed by a medical check-up conducted by Horeb Services. 
They kept in constant communication for about five months until Namutamba suddenly went quiet.
“After one month of no communication, the deponent (daughter) got worried and contacted her relatives, including the 2nd applicant (Mr Muyingo) who advised her to go to the offices of the 1st respondent and raise the matter,” the court heard.
“The deponent (Ms Namale) stated that later on, in September 2022, the 2nd applicant (her uncle) through sources unknown to her, discovered that her mother had died. The 2nd applicant and herself approached the respondents’ offices and on this occasion, the respondents confirmed the death of her mother and promised to formally update them on the cause of death, which they have never done. The respondents invited them as a family for a meeting where they promised compensation and to facilitate some of the family members to go and pay their last respects to their relative in Saudi Arabia.”
Ms Namale claimed, however, that after the meeting, they received no further communication, forcing them to take legal action.
The court found Horeb and its counterpart recruiting firm in Saudi Arabia, Al Manasa, responsible for the events that led to the loss of Namutamba’s life. The judge further held that other workers exported by the companies had also been treated poorly and controls designed to improve oversight and accountability, bypassed.
“On the case before me, the applicants have shown that it was the conduct of the respondents (Horeb and its director) that led to the loss of life of the Namutamba,” he said.
“As I have indicated herein above, the decision, act or omission by the respondents to operate off the Saudi tracking system was a grave flaw on the part of the respondents. Evidence has shown that the same did not happen only in regard to Milly Namutamba but for all the migrant workers that had been externalised by the 1st respondent in collaboration with the Al Manasa Saudi recruitment agency.
“In the absence of any explanation by the respondents (Horeb and its director) as to how this grave error was allowed to occur, I find it safe to make an inference that the same was calculated by the respondents for profit-making at the expense of the other persons involved. Consequently, a life that could possibly have been saved was lost. Such conduct ought never to be repeated and makes this case an appropriate one for the award of exemplary damages. In the circumstances, I find a sum of Shs50m appropriate as exemplary damages against the respondents, and I award the same to the applicants.”
Efforts to reach out to Mr Mugisha were futile as he never answered our repeated phone calls, however, one of the staff at the firm who identified himself as Mr Byaruhanga briefly said: “I think the court didn’t get the full information about the case. The facts they based on to make the ruling are not right. We have requested for a review.”
Reacting to the decision, Mr Titus Asiimwe, a lawyer for Namale and her uncle from Women’s Pro bono Initiative, said: “This ruling sends a powerful message: human life is invaluable, and labour recruitment and externalisation companies who do not accept and take responsibility over migrant workers they export to the Middle East will not be tolerated.’’
Ms Namale, the daughter of the deceased migrant worker, said: "This victory is a testament to the resilience of survivors and the power of justice. We appreciate the High Court for honouring our call to end impunity among labour recruiters who do not acknowledge the pain and suffering of relatives of women who die in Saudi Arabia. 
According to Ms Primah Kwagala, one of the lawyers of the affected family, the decision sets a crucial precedent, which labour recruiting agencies have the responsibility to protect the rights of migrant workers in the Middle East as espoused in the laws of Uganda.
Ms Kwagala further said the decision highlights the importance of holding perpetrators of human rights violations accountable and ensures that justice for survivors and relatives of deceased migrant workers is achieved. 
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