Govt takes action on Global Fund probe

Apr 10, 2007

THE Government has referred the three former health ministers to the Police for further investigation in relation to the Global Fund scandal. Maj. Gen. Jim Muhwezi, Capt. Mike Mukula and Dr. Alex Kamugisha are to be investigated by the Criminal Investigations Department.

By Sylvia Juuko

THE Government has referred the three former health ministers to the Police for further investigation in relation to the Global Fund scandal.

Maj. Gen. Jim Muhwezi, Capt. Mike Mukula and Dr. Alex Kamugisha are to be investigated by the Criminal Investigations Department (CID), with a view to prosecution for lying under oath, issuing false documents and causing financial loss.

“We have given CID six months to investigate these cases so that the Director of Public Prosecutions can determine who they can prosecute,” said Prime Minister Apolo Nsibambi, while launching the Government white paper at the Media Centre yesterday. “It is not true that we receive reports and we don’t take action.”

The Government accepts 99 percent of the recommendations made by the Global Fund commission of inquiry, headed by Justice James Ogoola.

It concurs with the commission that over 300 agencies, which were Global Fund recipients, should refund the money misused. The Government also instructs that the recipient organisations be investigated by CID for criminal liability.

The DPP is to immediately start prosecution proceedings against two officials of the Ministry of Health, George Komurubuga, Faustine Echengu, and their accomplices, MP Rubabo Paula Turyahikayo and Dr. Kirungi. They are accused of interference with judicial evidence, lying under oath and bribery.

The Government has also ordered the Inspector General of Government to investigate the project coordinator, Dr. Tiberius Muhebwa, in relation to questionable procurements, fraudulent foreign exchange transactions and overall mismanagement of the Project Management Unit.

The Government paper also agrees with the commission that dfcu Bank should refund sh455m lost in foreign exchange transactions but notes that the bank has already refunded some of the money.

It, however, requests the DPP to determine criminality in the relationship between Muhwezi, Muhebwa, the broker and the former dfcu managers.

The Government did not follow the Ogoola Commission on the charges against Prof. Francis Omaswa and his wife, who were accused of diverting Global Fund money to finance trips abroad. It instead instructs the Ministry of Health to refund the money.

The Ogoola Commission of Inquiry was set up in September 2005 to look into alleged mismanagement of the Global Fund to fight AIDS, tuberculosis and malaria. The commission handed its report to President Yoweri Museveni in May 2006.

Nsibambi explained that the Government’s response took time because the issues concerned “eminent people”.

“A commission of inquiry is the initial point of investigation. Ministers, the permanent secretary and the management were alleged to have made mistakes. Justice Ogoola mentioned that it would be essential for the CID, the IGG and the Auditor General to go into more details.

That is why we have recommended that further investigations take place so that we have a more conclusive approach. The DPP may then decide to take these people to court,” Nsibambi noted.
The Prime Minister stressed that the permanent secretary is the accounting officer in any ministry.

“If I am travelling and I ask my permanent secretary for money, I normally don’t know where the money comes from because he is the accounting officer. If later I am told he borrowed this money from the Global Fund, it is wrong to blame the minister.”

He, however, added that it was unacceptable for a minister to collude with a permanent secretary to steal funds.

Nsibambi urged permanent secretaries to be firm in rejecting wrong directives from their ministers, noting that they were protected by the Constitution to perform their duty without interference.

The State Minister for Health, Richard Nduhura, said the Global Fund had assured the Government that grants would be restored soon. “We are waiting for a nod from Geneva anytime because we believe we satisfied them with our responses regarding their concerns on procurement, monitoring and accountability.”

The Global Fund team from Geneva had agreed to have future grants channelled as budget support, as opposed to the previous project support, the minister added.

He further assured the public that the stock of ARVs was sufficient to bridge the gap until the next delivery.

“Currently, we have enough ARVs to cater for a whole month. At the same time, there are arrangements with the World Health Organisation to secure more ARVs,” the minister said.

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