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Uganda's IGG, Faith Mwondha should be vetted by parliament- Court

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ByaseL, Jul 18, 2009.

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    ByaseL JF-Expert Member

    Jul 18, 2009
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    Monitor Reporter

    The constitutional court is directing embattled IGG Justice Faith Mwondha to submit to parliamentary vetting if she wants her job for a second four year term.

    Five Justices led by acting Deputy Chief Justice Alice Mpagi Bahigeine all ruled unanimously that the IGG’s reappointment requires Parliamentary approval.

    “Having regard to the foregoing principles of interpretation, we find the inevitable and inescapable conclusion to be that parliamentary approval is a constitutional requirement under article 223(4) for the IGG and deputy IGG to serve their respective second terms in office under article 223(7),” they ruled.

    “Were we to hold otherwise, we would be strongly at variance with the spirit of Constitution. Consequently, your petition stands dismissed with no order as to costs,” the judges said.

    This pronouncement conclusively resolves the protracted battle between Justice Mwondha and her Deputy Mr Raphael Baku for the headship of the Inspectorate of Government.

    It will mean that Mrs Mwondha who has previously vowed never to appear before MPs for scrutiny will have to reconsider her decision or forfeit her leave of absence from the High Court and return to the bench.
    Friday’s Court ruling also ordered a halt of salary payment to Justice Mwondha as an Ombudsman.

    The ruling is as a result of a petition filed by 22 people seeking the retention of Justice Mwondha as IGG without approval of Parliament.

    The ruling was read this morning by assistant registrar in the court of appeal Deo Nizeyimana.

    President Museveni re-appointed Ms Mwondha on February 12, but Attorney General Khiddu Makubuya advised that Parliament should vet her for a second four-year tenure. But Justice Mwondha refused to reappear for vetting arguing that there was no law requiring her to be re-vetted.