PAC orders Police on Makubuya over sh270b

 By Mary Karugaba

PARLIAMENT’S Public Accounts Committee has asked Police to present General Duties minister Khiddu Makubuya to explain his role in the award of over sh270b compensation claim.

“Police, the Clerk and the Legal team should immediately work out modalities and compel Makubuya to appear here (before the committee) on Thursday without fail. He has overstretched our patience. He is a dangerous man, we have accorded him respect on several occasions and now I should not be blamed for any embarrassment caused to him,” committee chairman Wadri Kassiano ruled.

Some members however rejected Kassiano’s decision saying Makubuya, the former Attorney General, should be arrested and produced before the committee within two hours.

MPs Gerald Karuhanga, Vincent Kyamadidi, Martin Drito, Evelyn Kaabule and Wilberforce Yaguma argued that Makubuya had become a “hostile witness” and does not deserve any more chances.

“When a witness fails to appear, even in court, the judge can immediately order for an arrest warrant. Let us use our powers and ask Police to bring Makubuya within two hours. We must set a precedent,” Karuhanga proposed.

Drito said, “I am informed that if you don’t drag Makubuya here with a bulldozer, he may not come. We must drag him here with all the force.  He has shown us contempt and if he fails, we should censure him.”

Yaguma warned that if Kassiano handles Makubuya with kid gloves, he would be digging his own grave.

This was after Makubuya for the fourth time snubbed the Committee’s summons requesting him to appear to explain his role in the awards.   Government during the financial year 2009/2010 awarded sh270b to seven companies including Haba group owned by Hassan Bassajjabalaba compensation after cancelling their agreements in unclear circumstances. 

The MPs argued that from several documentation and witnesses, Makubuya was responsible for “nailing the last nail in the compensation coffin.”

“All documents before the committee indicate that he was the one who authorized the awards.  He even dictated the figures for Bassajjabalaba of sh142b,” Kassiano said.

Makubuya, according to Kassiano, had been requested four times to appear but declined saying he was not competent to speak for the Attorney General’s chambers.

Citing the Attorney General Peter Nyombi’s advice, Makubuya in a letter to the committee dated November21 declined to appear saying it is the current Attorney General Peter Nyombi who is mandated to speak on the chambers past official acts.

“My understanding of the work programme as implied in the Attorney General’s advice is that competence to speak for the chambers is vested in the incumbent in that office. The former attorney general is functus officio…..i shall be available in a secondary role to supplement the substantive submission of the current attorney general,” Makubuya wrote while responding to the Committee‘s summon dated November9. The letter reached the committee 14 minutes to the start of the meeting.

Nyombi, while clarifying whether Makubuya should appear as former Attorney General or not, said that whereas article 90 (3) of the Constitution gives Parliament powers to call any person holding public office and also enforce the attendance of witness,  the clause does not  refer to a former minister.

Nyombi’s advice angered MPs who accused him of interpreting the law selectively. The MPs cited the appearance of the current High Court Judge Billy Kainamura, former Finance minister Syda Bbumba, former Government Valuer Jonah Bwiragura, and many others.

There was drama when the committee asked parliament legal officials’ advice on the modalities of forcefully dragging Kakubuya to the committee.

The legal officers advised the members to go ahead and write a report without Makubuya’s side, continue persuading him to appear or seek the constitutional Interpretation.

“No, Not that one (Constitutional interpretation)” MPs answered in chorus.