Mbonye challenges his suspension in court

Dr Anthony Mbonye

SUSPENSION|MBONYE

The suspended acting director general of health services (DGHS), Dr Anthony Kabanza Mbonye has petitioned court challenging his suspension from duty.

Dr Mbonye on Thursday dragged the Attorney General (AG) to the Civil Division of the High Court through Barya, Byamugisha and Company Advocates. The AG is the legal principal advisor of government.

On September 25, Dr Diana Atwine, the permanent secretary (PS) in the health ministry suspended Mbonye on the directives of the Inspector General of Government (IGG), Justice Irene Mulyagonja.

This was after the IGG indicted Mbonye over conflict of interest, after he reportedly interfered with the recruitment process that is supposed to be carried out by the Health Service Commission (HSC) when he applied for the DGHS position without informing his supervisor (PS). 

In his suit, Mbonye is seeking orders to block the implementation of the IGG's directive into the recruitment of senior positions in the health ministry. 

Mbonye also wants to declare IGG's report on systemic investigation into the recruitment of DGHS and other senior positions irrational, illegal, null and void.

"I want court to review the decision of the IGG and quash it because it affects me and other applicants," he requested, adding that the implementation of the report is detrimental and prejudicial to him and other applicants. 

Mbonye argues that the job specifications were approved by the substantive PS, the health ministry and were received by HSC. 

"It is my view that I qualified for the position of DGHS in which I was already acting before applying for it on permanent basis with five other applicants and later shortlisted with one other person," he contends.

However, he says before they could be called for interviews, a complaint was made to the IGG by a whistleblower, accusing him of submitting personal specifications for the said positions to HSC without the knowledge of the PS.

He is also being accused of tailoring the revised specification to suit the qualifications of particular unnamed individuals.

In August 2016 the substantive health ministry PS was authorised to fill 255 positions at the ministry.

Prior to that, Mbonye in consultation with the department of human resource caused a review of the job specifications for 12 positions, including DGHS.

Mbonye argues that the IGG has no powers to reverse the decisions of a body, which was established by the Constitution (HSC). "The said position was advertised and reviewed by the HSC without my influence".  

In his affidavit, Mbonye says he is the most senior director in the health ministry having worked there since 1996. Basing on this, Mbonye says he is entitled to act as DGHS and to handle duties of the PS, when the PS is away.

The AG has also been given 15 days to file a written statement of defence, upon receiving the summons.