Mwondha not dropped - Museveni

Apr 24, 2009

PRESIDENT Yoweri Museveni has affirmed that he has not revoked the reappointment of Justice Faith Mwondha as Inspector General of Government (IGG).

By Hillary Nsambu

PRESIDENT Yoweri Museveni has affirmed that he has not revoked the reappointment of Justice Faith Mwondha as Inspector General of Government (IGG).

This is contained in an affidavit he swore on Wednesday in support of a petition seeking a court declaration that the re-appointment of Justice Mwondha as IGG does not require vetting by Parliament.
The petition was filed by 22 people, including Sheila Kawamara-Mishambi, a member of the East African Assembly.

In his statement, Museveni explained that he directed his Principal Private Secretary to hand over to Mwondha her reappointment letter “which I have not revoked.”

“I am aware of the provisions of Article 224 regarding the removal from office of the IGG. I have never directly or indirectly initiated the removal process as provided in that article,” said Museveni.
The article provides for the removal of the IGG by the President at the recommendation of a special tribunal constituted by Parliament on grounds of incompetence or misconduct.

“I was satisfied with her performance in the first initial period of four years. When her term was about to expire, she notified me and, in good faith, I re-appointed and renewed her contract in February, 2009, in exercise of the powers vested in me,” Museveni contends in his four-page-affidavit.

He says, however, that after re-appointing Mwondha as IGG, the Attorney General, advised him that her re-appointment be approved by Parliament. It was after that advice that he forwarded her name to the Speaker of Parliament for approval.
The President further states that there is need for the Constitutional Court to decide on the matter.

On Thursday, the Government announced the reappointment of Raphael Baku as deputy IGG. In a press statement, the information minister further said Baku will take charge of the Inspectorate until a substantive IGG has been appointed.

Besides Museveni, the 22 petitioners, as well as Mwondha herself, filed separate affidavits. They argue that there is no constitutional requirement for Mwondha to be subjected to Parliamentary approval in order for her to serve a second and last term of four years.

Mwondha objected to her being subjected to fresh vetting by the Appointments Committee, arguing that it was unconstitutional and that she had already been vetted when she was first appointed.

In her affidavit, Mwondha, who was a Constituent Assembly woman delegate for Jinja, also accused the head of the Public Service and the Attorney General of misleading the President.

This is the second petition filed on the matter. The first one, by Joseph Nturwabakye of the Legal Brains Trust, also challenged the Attorney General’s advice on the reappointment of Mwondha.

He wants a permanent injunction restraining the Attorney General from giving legal opinions on how holders of offices created by the Constitution are chosen.

He further seeks orders restraining Parliament from summoning Mwondha and her deputy.

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