Court reinstates Justice Mwondha’s salary

May 20, 2009

THE Constitutional Court has overturned the Cabinet’s decision stopping the salary of Justice Faith Mwondha as Inspector General of Government. It said Mwondha should continue receiving her pay until the petition relating to her re-appointment was dispo

By Anne Mugisa

THE Constitutional Court has overturned the Cabinet’s decision stopping the salary of Justice Faith Mwondha as Inspector General of Government. It said Mwondha should continue receiving her pay until the petition relating to her re-appointment was disposed of.

Mwondha’s case started when she refused to face Parliament for vetting when the President reappointed her for a second term of office. She argued that since she was vetted the first time she took office, there was no need to undergo the process again.

In a reaction, the President appointed her deputy as acting IGG. The President had earlier sworn an affidavit in which he said he had not reversed Mwondha’s appointment.

Mwondha’s supporters, therefore, asked the Constitutional Court to decide if Mwondha must be approved by Parliament again, and to declare that she is still the IGG.

Led by Kampala lawyer George Omunyokol, the 22 petitioners also wanted the court to stop the Cabinet, the media and Parliament from debating or making decisions regarding Mwondha.

However, before the court made its ruling, the Cabinet sought to stop Mwondha’s salary, arguing that she had ceased to be the IGG.

In its ruling yesterday, the court, however, agreed with the petitioners although it was silent on the rest of their demands.

“We grant the interim orders sought that payment of the emoluments and benefits of the Hon. Lady Justice Faith Mwondha be continued or maintained till the matter is finally resolved,” justices Mpagi Bahigeine, Christine Kitumba and Augustine Nshimye Ssebuturo said.

During the hearing, Omunyokol had argued that the Cabinet and Parliament decision on Mwondha would prejudice her case. He said Mwondha was still the IGG because her reappointment had never been revoked.

The removal of her salary and other privileges, he argued, would place her life in danger given the sensitivity of her work.

The acting director of civil litigation, Robinah Rwakoojo, had asked the court to dismiss the application, saying if granted it would breach the principle of separation of powers among the Executive, the Judiciary and Parliament.
In any case, she argued, Mwondha’s dues could always be calculated and paid to her in arrears if she won the case.

However, the court rejected her argument, and insisted it had the duty to ensure justice and to prevent abuse of the process of court.

They said the matter was of national and constitutional importance and that the court needed to “intervene for purposes of determining the constitutionality and legality of any action or protection of the liberty of the individual which would be denied or imminently threatened”.

The Auditor General, John Muwanga, had earlier said the IGG’s issue could not be commented on until the court had decided it.

“I shall be grateful if the Cabinet was guided accordingly,” he said in a letter.
In their ruling the judges stated: “We gratefully endorse the view held by the Auditor General.”

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