IGG appeal bid in ex-spies sh29b case rejected

Dec 04, 2014

The Inspector General of Government had asked to be granted leave to appeal to the Constitutional Court in the case.


By Andante Okanya

KAMPALA - The High Court in Kampala has rejected a bid by the Inspector General of Government (IGG) to be granted leave to appeal to the Constitutional Court in a case where former spies of the Internal Security Organisation (ISO) are demanding sh29b from government.

On Tuesday, Justice Stephen Musota declined to do so on grounds that the court had already made a pronouncement to the effect that the IGG does not enjoy statutory corporate status to sue and be sued.

The Inspectorate had filed an application to temporarily halt the case to enable the IGG file a reference for Constitutional interpretation at the Constitutional Court.

But Musota explained that it would be unrealistic to reverse his earlier pronouncement, as it would subject the court to ridicule.

“This court having held that the applicant (IGG) has no locus standi, it cannot turn around and grant the leave sought,” the judge explained.

“It would be a contradiction. The request is accordingly dismissed.”

In law terms, locus standi means the right to bring an action, to be heard in court, or to address court on a matter before it.  It is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.

The ex-spies were represented by lawyer Kabiito Karamagi, while the Attorney General (AG) was represented by state attorney Geoffrey Madete. The IGG had no lawyer in court.

The application for leave arose from a bid that was rejected by the court, where the IGG had wanted to be joined to the Attorney General (AG) as a party to the case.

The IGG had wanted to be co-respondent with the AG, arguing that it would enable court effectively resolve the dispute.
 

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But in his ruling on November 17, Musota said the IGG, as a government entity, only enjoys special status, with the corporate status a preserve of the AG who is the principal legal representative and advisor to government.

Musota adjourned proceedings until December 15, and asked the parties to explore the option of reaching an amicable settlement.

The genesis

This year on September 17, the ex-spies, under the body of Uganda Veterans Internal Security Organization (UVETISO), petitioned the High Court in Kampala to compel government to complete payment of a balance of sh29b.

Initially, government had paid them sh10b out of a total of sh39b as terminal benefits to the demobilised officers.

However, further payments were halted when the IGG Justice Irene Mulyagonja, instituted a probe into the matter following a petition by a whistleblower.

She issued an order directing the ministry of finance to suspend any further payments, pending the outcome of the probe.

Court in March this year, following a suit filed in 2005 by three former ISO operatives – Jeff Lawrence Kiwanuka, Jamal Kitandwe and Bernard Kamugisha on behalf of 500 others – awarded the former employees sh72.4b in terms of gratuity/ terminal benefits and allowances, finally reduced to sh39b.

In the suit the former employees challenged their sacking.

They were demobilised in 1994, in a move dubbed as a restructuring exercise.  However, the laid off operatives contented in their case that “their removal was in breach of their employment” and that “they were denied terminal or severance packages and suffered loss and damage.”

In his ruling Justice Okumu Wengi ordered that the former ISO operatives be awarded costs of the suit and that they are entitled to gratuity, medical and transport allowances, sh500,000 each in damages and a 10 percent interest on monetary awards.

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