Solicitor General advises on interdiction of EOC chairperson Sylvia Ntambi

The Solicitor General has advised the Ministry of Gender, Labour and Social Development to refer the proposed interdiction of Sylvia Muwebwa Ntambi, chairperson of the Equal Opportunities Commission to President Yoweri Museveni as it's him with the powers to revoke her appointment.

In a December 2 letter to Aggrey Kibenge, the Permanent Secretary in the Ministry of Gender, Labour and Social Development, the Solicitor General advised the ministry to bring the matter to the attention of the Gender and Labour Minister Frank Tumwebaze who will, in turn, inform the President for a requisite decision.

Last month, Kibenge wrote to the Solicitor General seeking legal guidance after the Director of Public Prosecution (DPP) had advised him to interdict Ntambi to pave way for smooth investigations and uninterrupted prosecution of the case in which she and nine other employees of the commission are facing 25 counts of causing financial loss, conspiracy to defraud, embezzlement, corruption, and abuse of office.

"Ms. Sylvia Muwebwa Ntambi is not appointed by the Public Service Commission but by the President, who also has the authority to revoke her appointment according to Section 6 of the Equal Opportunities Commission Act.  By virtue of Section 24 of the Interpretation Act Cap3, it is the President, him being Ms. Muwebwa Ntambi's appointing authority, to suspend, re-appoint or re-instate her as part of his power of appointment," The Solicitor General wrote.

"Therefore in response to your question, our opinion is that the Permanent Secretary Ministry of Gender, Labour and Social Development does not have the power or mandate to interdict Ms. Sylvia Muwebwa Ntambi. Accordingly, we advise that you bring the matter to the attention of the supervising minister (Minister of Gender, Labour and Social Development) so that he may, in turn, bring it to the attention of the President for the requisite "

Ntambi was committed to High Court by the Anti-Corruption Court for trial together with nine of her co-accused. They are Mujuni Mpitsi, the Secretary to the Commission, Olwor Sunday Nicholas, the undersecretary, Moses Mugabe, a Monitoring and Evaluation Officer, and Byangire Harriet, a Senior Accountant.

Others are Edith Kamahoro, a senior Personal Secretary; Kwesiga Ronnie, an Accounts Assistant; Jjemba Evans, the Principle Compliance Officer, Kwihangana Manasseh, a Senior Compliance Officer, and Sarah Nassanga an Office Attendant.

According to the charge sheet signed by Jane Frances Abodo, the Director of Public Prosecution, Ntambi, Mugabe, Mujuni Mpitsi and Jemba conspired to defraud the government of sh35,002,000. The prosecution alleges that the accused claimed the money to undertake an audit exercise of the Rural Electrification Programme in Uganda which activity is said to have not taken place.

It also alleged that Ntambi between July 2018 and April 2019 at the Equal Opportunities Commission offices in Kampala District, as the chairperson, neglected her duty of directing the affairs and administration of the Commission, thereby leading to gross mismanagement of the Commission Funds.