KASESE, Uganda — The High Court has faulted MTN Uganda for unjustifiably refusing to reactivate a SIM card belonging to Bukonzo West Member of Parliament, Godfrey Atkins Katusabe, despite his submission of multiple valid IDs and a statutory declaration clarifying name discrepancies.
In a ruling delivered by Justice David S.L. Makumbi, the court declared that while the initial SIM deactivation complied with telecom regulations, MTN overstepped its legal bounds by insisting on a deed poll and dismissing the legitimacy of a statutory declaration a legally recognized method for verifying name variations.
“The Defendant formed an arbitrary presumption that the Plaintiff had changed his names,” the judge ruled, describing MTN’s actions as unreasonable and lacking legal basis.
Katusabe’s SIM card registered in 2013 under the name “Atkins Katusabe” was deactivated in May 2024 due to discrepancies with his national ID, which bears the name “Godfrey Katusabe.” Despite submitting three government-issued IDs and a sworn statutory declaration affirming both names referred to the same individual, MTN still refused to restore service.
The disruption, Katusabe argued, crippled his communication, affected his political duties, disrupted his company operations, and hampered contact with his children abroad.
Justice Makumbi emphasized that under the Statutory Declarations Act, such a declaration is legally sufficient unless proven false rendering MTN’s demand for a deed poll both excessive and unwarranted. He further ruled that telecom providers, though mandated to enforce SIM registration rules, must not enforce extra-legal demands like forcing a name change through deed polls.
“The execution of a deed poll has the effect of changing one’s identity. It should never be dictated by any corporation or authority,” Makumbi stated.
While Katusabe had sought over UGX 4 billion in damages including losses allegedly suffered by his company the court dismissed those specific claims, citing the company’s
absence from the suit. However, the judge awarded UGX 5 million in nominal damages to Katusabe personally, along with 18% interest from the date of the ruling and 50% of the legal costs.
Makumbi also pointed out that MTN’s promotional texts inviting customers to upgrade to 4G did not qualify as lawful notices for SIM registration compliance under the Uganda Communications Commission (UCC) guidelines.
In a balanced conclusion, the judge noted that both parties bore some responsibility Katusabe for not updating his SIM details sooner, and MTN for failing to act within legal and ethical boundaries. The court has formally directed MTN to reactivate the MP’s number, affirming that the different names on his documentation clearly referred to the same person.
This judgment is a wake-up call for telecom operators in Uganda: adhere to regulation, but do not overreach.
