Makubuya calls for discipline

Aug 13, 2006

Attorney General (AG) Dr. Khiddu Makubuya has attributed the persistent government loss of cases in courts of law to ministries and departments that defy him.

By Apollo Mubiru

Attorney General (AG) Dr. Khiddu Makubuya has attributed the persistent government loss of cases in courts of law to ministries and departments that defy him.

Makubuya told MPs on the parliamentary committee on legal and parliamentary affairs that he writes to the affected ministries asking for information on certain cases and they do not respond.

“It is unconstitutional to disobey the AG. Therefore it cannot be the AG to take action. This is not an AG matter. It is a national and international matter. What do you do when they defy you? This is how we lose cases,” Makubuya said.

Makubuya was on Tuesday responding to the MPs’ concern on why the AG’s Chambers lost many cases than what it won last financial year.

Flanked by justice state minister Freddie Ruhindi, Solicitor General Lucian Tibaruha and other staff, Makubuya said over sh111b was saved in the 41 cases the Government won last financial year, compared to sh9b paid in 72 cases the Government lost.

He told the committee chaired by Peter Nyombi (Nakasongola) that witnesses do not want to attend court sessions.

“Failure by government witnesses to attend court proceedings is another problem. In most cases officials of ministries or institutions neglect or fail to turn up in court even when agreed upon with a State Attorney handling the case,” Makubuya said.

He said such witnesses would have otherwise disputed the claims and reduced on the amount awarded.

MPs had recommended that court awards be decentralised so that ministries that defy the AG could directly pay the affected parties but Tibaruha said Cabinet had persistently rejected the proposal.

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