Court: Mwondha must be vetted
Jul 18, 2009
JUSTICE Faith Mwondha must be vetted by Parliament before her term as Inspector General of Government can be renewed, the Constitutional Court has ruled. The court threw out a petition by 22 citizens who challenged the parliamentary appointments committee
By Anne Mugisa
and Hillary Nsambu
JUSTICE Faith Mwondha must be vetted by Parliament before her term as Inspector General of Government can be renewed, the Constitutional Court has ruled.
The court threw out a petition by 22 citizens who challenged the parliamentary appointments committee, with no order as to costs.
The MPs on the committee had insisted Mwondha should be approved again by Parliament before she can start her second term as IGG.
“We find the inevitable and inescapable conclusion to be that parliamentary approval is a constitutional requirement under article 223 (4) for the IGG and the Deputy IGG to serve their respective second terms in office under article 223 (7),†the five judges stated in their unanimous ruling. “Were we to hold otherwise, we would be strongly at variance with the spirit of the Constitution.â€
The judges were Mpagi Bahigeine, George Engwau, Christine Kitumba, Constance Byamugisha and Augustine Nshimye.
The judges also stopped the payment of Mwondha’s emoluments and benefits as IGG unless her term is renewed.
The court had earlier ordered that Mwondha be paid her salary in full, including benefits, until the final judgment was pronounced.
Magidu Dhikhusooka, who led the petitioners, said they will accept the court ruling.
“We wanted to find out if it was right that the Parliament vets the IGG for re-appointment and now that have decided. We accept it. That is why President Museveni emphasises the rule of law,†he said.
The IGG’s refusal to be vetted sparked off a bitter row with the MPs, both citing the Constitution to defend their position.
The lawyers in the Constitutional petition argued that the MPs acted outside their powers and were trying to amend the Constitution without following the right procedures.
George Omunyokol, who represented the petitioners, also said the drafters of the Constitution intentionally did not want the IGG to return for re-approval because they wanted to protect the independence of the office.
He explained that the IGG, who had been probing some MPs, could be victimised by the very people she was investigating.
But Robinah Rwakoojo, who represented the Attorney General, insisted that the MPs acted constitutionally.
She said Mwondha’s re-vetting was a must because circumstances could have changed since she was last approved.
Rwakoojo insisted the President re-appointed the IGG in error and sending her name to Parliament would correct that error.
and Hillary Nsambu
JUSTICE Faith Mwondha must be vetted by Parliament before her term as Inspector General of Government can be renewed, the Constitutional Court has ruled.
The court threw out a petition by 22 citizens who challenged the parliamentary appointments committee, with no order as to costs.
The MPs on the committee had insisted Mwondha should be approved again by Parliament before she can start her second term as IGG.
“We find the inevitable and inescapable conclusion to be that parliamentary approval is a constitutional requirement under article 223 (4) for the IGG and the Deputy IGG to serve their respective second terms in office under article 223 (7),†the five judges stated in their unanimous ruling. “Were we to hold otherwise, we would be strongly at variance with the spirit of the Constitution.â€
The judges were Mpagi Bahigeine, George Engwau, Christine Kitumba, Constance Byamugisha and Augustine Nshimye.
The judges also stopped the payment of Mwondha’s emoluments and benefits as IGG unless her term is renewed.
The court had earlier ordered that Mwondha be paid her salary in full, including benefits, until the final judgment was pronounced.
Magidu Dhikhusooka, who led the petitioners, said they will accept the court ruling.
“We wanted to find out if it was right that the Parliament vets the IGG for re-appointment and now that have decided. We accept it. That is why President Museveni emphasises the rule of law,†he said.
The IGG’s refusal to be vetted sparked off a bitter row with the MPs, both citing the Constitution to defend their position.
The lawyers in the Constitutional petition argued that the MPs acted outside their powers and were trying to amend the Constitution without following the right procedures.
George Omunyokol, who represented the petitioners, also said the drafters of the Constitution intentionally did not want the IGG to return for re-approval because they wanted to protect the independence of the office.
He explained that the IGG, who had been probing some MPs, could be victimised by the very people she was investigating.
But Robinah Rwakoojo, who represented the Attorney General, insisted that the MPs acted constitutionally.
She said Mwondha’s re-vetting was a must because circumstances could have changed since she was last approved.
Rwakoojo insisted the President re-appointed the IGG in error and sending her name to Parliament would correct that error.