Court blocks dismissal of Gasasira
Nov 02, 2009
THE High Court has temporarily stopped the Inspector General (IGG) from dismissing Machumbi Gasasira, the principal accountant of the Ministry of Health.
By Edward Anyoli
THE High Court has temporarily stopped the Inspector General (IGG) from dismissing Machumbi Gasasira, the principal accountant of the Ministry of Health.
Isaac Mawata, the High Court registrar, yesterday ordered the IGG to wait until an appeal challenging his decision is determined.
“It is my view that all parties in this application appear before me on November 6 for the matter to be heard inter-party,†Mawata said.
“In the meantime, an interim order shall be issued against the implementation of the order of the first respondent (IGG) until the hearing of the pending application is heard.â€
The IGG, Raphael Baku, wants Gasasira dismissed for failing to explain the source of his wealth.
Baku said an investigation into Gasasaira’s wealth revealed that he had made false declarations related to his wealth, which contravenes the Leadership Code.
Besides dismissal from office, he recommended that his wealth be seized.
and Gasasira be barred from holding public office for the next five years.
The IGG also asked URA to audit the trading activities of Sagimex Enterprises, one of Gasasira’s businesses, and recover any taxes due to the Government.
Through his lawyer, Geoffrey Kandeebe, Gasasira argued that he was not given a fair hearing. He also said there was no evidence of wrongdoing on how he got his wealth.
“The respondent (IGG) erred in law when he purported to rely on a self-discredited, subjective valuer’s report to come to a conclusion that the appellant (Gasasira) did not declare or explain how he obtained property worth to be sh1.2b.â€
Gasasira added that he submitted declarations of his income, assets and liabilities as required by the Leadership Code Act from 2002 to 2007.
Gasasira’s properties queried by the IGG include a residential house in Nyakabande, Kisoro district (sh44.2m), a house on Neptune Avenue (sh16m), flats at Banda, Kyambogo (sh548m), a plot on Lake Drive Luzira (sh330m), a plot on Luthuli Avenue, Bugolobi (sh200m), land on Bukoto Crescent (sh30m), a Land Cruiser (sh31m) and a block-making machine valued at sh17m.
According to the IGG, Gasasira’s net annual salary was sh6.2m in 2001, sh7m in 2002, sh7.8m in 2003, sh7.9m in 2004 and sh4m between January and May 2005.
Among Gasasira’s liabilities were two mortgages of sh150m and 126m, acquired in 2004, for properties on Luthuli Avenue and Lake View Luzira, respectively.
The report says Gasasira got a sh50m loan in 2003 to buy a plot in Naguru and an overdraft of sh50m in the then Allied Bank. He deposited sh563m on his accounts, whose source the IGG said he failed to explain.
THE High Court has temporarily stopped the Inspector General (IGG) from dismissing Machumbi Gasasira, the principal accountant of the Ministry of Health.
Isaac Mawata, the High Court registrar, yesterday ordered the IGG to wait until an appeal challenging his decision is determined.
“It is my view that all parties in this application appear before me on November 6 for the matter to be heard inter-party,†Mawata said.
“In the meantime, an interim order shall be issued against the implementation of the order of the first respondent (IGG) until the hearing of the pending application is heard.â€
The IGG, Raphael Baku, wants Gasasira dismissed for failing to explain the source of his wealth.
Baku said an investigation into Gasasaira’s wealth revealed that he had made false declarations related to his wealth, which contravenes the Leadership Code.
Besides dismissal from office, he recommended that his wealth be seized.
and Gasasira be barred from holding public office for the next five years.
The IGG also asked URA to audit the trading activities of Sagimex Enterprises, one of Gasasira’s businesses, and recover any taxes due to the Government.
Through his lawyer, Geoffrey Kandeebe, Gasasira argued that he was not given a fair hearing. He also said there was no evidence of wrongdoing on how he got his wealth.
“The respondent (IGG) erred in law when he purported to rely on a self-discredited, subjective valuer’s report to come to a conclusion that the appellant (Gasasira) did not declare or explain how he obtained property worth to be sh1.2b.â€
Gasasira added that he submitted declarations of his income, assets and liabilities as required by the Leadership Code Act from 2002 to 2007.
Gasasira’s properties queried by the IGG include a residential house in Nyakabande, Kisoro district (sh44.2m), a house on Neptune Avenue (sh16m), flats at Banda, Kyambogo (sh548m), a plot on Lake Drive Luzira (sh330m), a plot on Luthuli Avenue, Bugolobi (sh200m), land on Bukoto Crescent (sh30m), a Land Cruiser (sh31m) and a block-making machine valued at sh17m.
According to the IGG, Gasasira’s net annual salary was sh6.2m in 2001, sh7m in 2002, sh7.8m in 2003, sh7.9m in 2004 and sh4m between January and May 2005.
Among Gasasira’s liabilities were two mortgages of sh150m and 126m, acquired in 2004, for properties on Luthuli Avenue and Lake View Luzira, respectively.
The report says Gasasira got a sh50m loan in 2003 to buy a plot in Naguru and an overdraft of sh50m in the then Allied Bank. He deposited sh563m on his accounts, whose source the IGG said he failed to explain.