Allow IGG’s office to prosecute offenders
Jun 15, 2004
YOUR PLATFORM<br><br>As a middle-aged citizen of Uganda and a quassi-judicial officer, I have observed that Ugandans are not law-abiding citizens. We neither respect our laws nor believe in the institutions established under those laws.
YOUR PLATFORM
As a middle-aged citizen of Uganda and a quassi-judicial officer, I have observed that Ugandans are not law-abiding citizens. We neither respect our laws nor believe in the institutions established under those laws.
I have watched with interest how our citizens especially politicians flout our constitution and stampede government into taking untimely decisions ahead of our constitutional programmes, timetable and mandate.
I am equally not amused by the way the Leadership Code and the office of the IGG have been watered down by the Fox Odoi petition and the recently concluded Kakooza Mutale case. It is an administrative law principle that civil servants, who I believe include presidential advisors, hold their jobs at the pleasure of the president, who may appoint and disappoint by instrument.
The unfortunate popular view is that Mutale is going to be reinstated because he has won his case against the IGG.
Whether Mutale won this case is Yes and No. Yes in a sense that the IGG failed on the principles of natural justice by not giving him a chance to be heard, before making his submission to the appointing authority to sack him.
No, because Major Roland Kakooza Mutale, a freedom fighter and presidential advisor on political affairs is still guilty of flouting the Leadership Code. He should not be proud about it if he is a leader and a law-abiding citizen of Uganda.
The learned judge said he willingly, deliberately and calculatively refused to declare his assets, which is in my view an illegal act and an epitome of indiscipline as a serving soldier and presidential advisor.
The good presidential advisor may be thumping his chest but he is an embarrassment to fellow leaders and the appointing authority. It is well that Hon Justice Yorokam Bamwine steered clear of giving an order for his reinstatement. the principles of administration law were not lost him.
Major Kakooza Mutale should be educated that even when a civil servant is cleared by court he is still liable to disciplinary action by his employer, because like in this case he is still culpable.
He should recall the case of Moses Katorogo the Chief Magistrate of Mbarara then. He was cleared of a corruption charge but the Judicial Service Commission still disciplined him by demoting him to a Magistrate Grade One: he is now in Lira.
It is my belief that before a person is appointed a presidential advisor, he should be an eminent person of proven character and integrity, and failure to abide by the law like the Leadership Code flouts these attributes.
I wish to comment on the relationship between the Attorney General (AG) and the IGG’s office on handling cases arising out of the IGG’s finding and recommendations.
I do not know whether parliament when it was enacting the Leadership Code, also unfortunately or caculatively refused to give the IGG powers to prosecute cases arising out of his findings. The Immigration department has powers to persecute errant foreigners without using the DDP’s office.
The AG’s office like other offices is not immune from the watchful eye of the IGG. I can imagine a scenario where the AG or Solicitor General has approved a doubtful payment to a tender or contractor. The IGG investigates such a tender and payment and recommends stoppage of payment or termination of the contract.
The contractor sues the IGG, and the AG is asked to defend the suit, will he really put a credible defence? It is my strong recommendation that the Leadership Code Act be amended to remove what was struck out by the Constitutional Court in the Fox Odoi petition and provision be inserted allowing the office of the IGG to prosecute offenders under the leadership code.
Otherwise the Code and the IGG will remain a parial and subject to ridicule by errant leaders and the fight against corruption and promotion of transparency will be lost.
G. K. Mpala, lawyer and senior civil servant
As a middle-aged citizen of Uganda and a quassi-judicial officer, I have observed that Ugandans are not law-abiding citizens. We neither respect our laws nor believe in the institutions established under those laws.
I have watched with interest how our citizens especially politicians flout our constitution and stampede government into taking untimely decisions ahead of our constitutional programmes, timetable and mandate.
I am equally not amused by the way the Leadership Code and the office of the IGG have been watered down by the Fox Odoi petition and the recently concluded Kakooza Mutale case. It is an administrative law principle that civil servants, who I believe include presidential advisors, hold their jobs at the pleasure of the president, who may appoint and disappoint by instrument.
The unfortunate popular view is that Mutale is going to be reinstated because he has won his case against the IGG.
Whether Mutale won this case is Yes and No. Yes in a sense that the IGG failed on the principles of natural justice by not giving him a chance to be heard, before making his submission to the appointing authority to sack him.
No, because Major Roland Kakooza Mutale, a freedom fighter and presidential advisor on political affairs is still guilty of flouting the Leadership Code. He should not be proud about it if he is a leader and a law-abiding citizen of Uganda.
The learned judge said he willingly, deliberately and calculatively refused to declare his assets, which is in my view an illegal act and an epitome of indiscipline as a serving soldier and presidential advisor.
The good presidential advisor may be thumping his chest but he is an embarrassment to fellow leaders and the appointing authority. It is well that Hon Justice Yorokam Bamwine steered clear of giving an order for his reinstatement. the principles of administration law were not lost him.
Major Kakooza Mutale should be educated that even when a civil servant is cleared by court he is still liable to disciplinary action by his employer, because like in this case he is still culpable.
He should recall the case of Moses Katorogo the Chief Magistrate of Mbarara then. He was cleared of a corruption charge but the Judicial Service Commission still disciplined him by demoting him to a Magistrate Grade One: he is now in Lira.
It is my belief that before a person is appointed a presidential advisor, he should be an eminent person of proven character and integrity, and failure to abide by the law like the Leadership Code flouts these attributes.
I wish to comment on the relationship between the Attorney General (AG) and the IGG’s office on handling cases arising out of the IGG’s finding and recommendations.
I do not know whether parliament when it was enacting the Leadership Code, also unfortunately or caculatively refused to give the IGG powers to prosecute cases arising out of his findings. The Immigration department has powers to persecute errant foreigners without using the DDP’s office.
The AG’s office like other offices is not immune from the watchful eye of the IGG. I can imagine a scenario where the AG or Solicitor General has approved a doubtful payment to a tender or contractor. The IGG investigates such a tender and payment and recommends stoppage of payment or termination of the contract.
The contractor sues the IGG, and the AG is asked to defend the suit, will he really put a credible defence? It is my strong recommendation that the Leadership Code Act be amended to remove what was struck out by the Constitutional Court in the Fox Odoi petition and provision be inserted allowing the office of the IGG to prosecute offenders under the leadership code.
Otherwise the Code and the IGG will remain a parial and subject to ridicule by errant leaders and the fight against corruption and promotion of transparency will be lost.
G. K. Mpala, lawyer and senior civil servant