Hearing of the case in which local NGO Enforcement of Patients and Workers Rights and one Kintu Paul accuse Marie Stopes Uganda and National Drug Authority of rolling out defective Life Guard condoms to the public has kicked off on Tuesday before High Court Judge Musa Sssekaana
The case came up but the Attorney General and Marie Stopes had not yet filed their defence which prompted the judge to push the matter to 16th December 2020.
In this case, the applicants contend that the act of illegally and negligently putting the said condoms on market without post shipment laboratory testing by National Drug Authority (NDA) was a violation to life and human dignity guaranteed under objectives v, xiv,xx, Articles 22, 8A, 45 and 24 of the constitution of Uganda
They asked court to order Marie Stopes to conduct an audit to ascertain the level of damage caused to the users
“The 2nd Respondent (NDA) be directed to revoke the 1ST Respondent (Marie Stopes) in relation to importation and distribution of condoms due to contravention of the mandatory post shipment testing of imported Life Guard Condoms Batch number 19040205 and 19050105 before releasing them for distribution and use,” the applicants asked.
On top of that they asked court to compel the respondents to conduct mass media campaign about the dangers of defective condoms on top of ordering them to pay for mass testing of all people who used their condoms and thereafter those who will be found to have contracted sexually Transmitted Diseases be treated at no cost.
In the response filed in court a few days back by David Nahamya, the Company Secretary of NDA, he said the authority carries out physical verification which includes checking the labels, integrity of the packaging and physical appearance of the product as well as verifying the shipping documents, verification of Pre forma invoice, commercial documents, verification certificate of analysis and where )
“As the Secretary of second respondent’s Authority I know and I am aware that the 2nd Respondent has in place and applies all the necessary and internationally approved, sampling, testing and analysis surveillance and enforcement mechanisms,” he said.
“I wish to categorically state that subject condoms vide batch 19050105 and 19040205 were subjected to a mandatory quality testing and analysis by the second Respondent (NDA) authorize the release of the said condoms to market or the public by the 1st Respondent (Marie stopes).”
Addressing the press after court today Aruho Amon one of the applicants’ lawyers said that they will continue pushing to ensure that Ugandans who used these condoms get justice and that such incident doesn’t happen again.