Former NSSF boss Jamwa loses constitutional petition

The Court Constitutional has dismissed an appeal by former National Social Security Fund (NSSF) managing director, David Chandi Jamwa, against his conviction.  

Jamwa was first convicted by the Anti-Corruption Court in Kampala in 2010 for causing a financial loss of sh3b to the Fund. He appealed from the High Court up to the Supreme Court.  

He lost the appeal but again filed a separate constitutional petition challenging the process leading to his final conviction.  

Justices Catherine Bamugemereire, Christopher Mandrama and Stephen Musota on Tuesday, June 27, dismissed Jamwa’s petition.  

According to Jamwa’s petition, the verdict in Criminal Appeal No. 2 of 2018 was inconsistent with Articles 2 (2), 135 (l), 126 (2) (b), 28 (l), 28(3) (d) and 44 (c) of the Constitution. 

Jamwa was found guilty by the Anti-Corruption Court and sentenced to 12 years imprisonment. He was also barred from occupying public office upon completing the custodial sentence. 

“In our jurisdiction, courts will not usually interfere with a sentence passed by a trial judge except for reasons some of which are articulated already. This brings us back to the question of whether such a discretionary matter at sentencing is one which invites constitutional question,” Justice Bamugemereire who authored the ruling said. 

“This petition is res judicata (matter judged) since the majority of the penal agree as much, we find that there is not merit in this petition and therefore it is dismissed with costs.”