Kampala, (UG):- The High Court Civil Division in Kampala has dismissed an application by former Permanent Secretary of the Ministry of Trade, Industry, and Cooperatives, Ms Geraldine Ssali, in which she sought to challenge a parliamentary committee report that recommended her investigation and prosecution over the mismanagement of billions of tex payers’ money.
In a ruling delivered last Friday, February 14, Justice Musa Ssekaana rejected Ssali’s application, stating that the former PS failed to provide sufficient evidence to prove that she was denied a fair hearing.
The Judge specifically noted that the claim of not being given an opportunity to cross-examine witnesses was unsubstantiated, adding that Ms Ssali did not demonstrate any bias by the committee chairperson or its members.
In his ruling, Ssekaana held that the parliamentary committee acted within its legal mandate when it investigated the utilization of a supplementary budget, emphasizing that parliamentary proceedings are not equivalent to court trials and do not require strict adherence to fair hearing procedures outlined in Article 28 of the Constitution.
Justice Ssekaana further explained that administrative decision-makers, such as parliamentary committees, do not operate under the rigid procedures of courts or tribunals. He pointed out that the committee’s inquisitorial approach was appropriate for gathering evidence and was procedurally sufficient to provide Ms Ssali with a fair hearing.
Ms. Ssali had come under scrutiny following a report by the Parliamentary Committee on Trade, which, in August 2023, recommended her removal as an accounting officer for failing to ensure the proper use of public funds.
The committee, led by Mbarara City South MP Mwine Mpaka, further called for her prosecution by the Director of Public Prosecutions, citing multiple financial irregularities. The report detailed instances where she allegedly violated provisions of the Public Finance Management Act, the Public Procurement and Disposal of Public Assets Authority Act, and the Penal Code Act, among other laws.
Among the key allegations against her were the approval of suspicious cash advances, including Shs570 million for transport and Shs1 billion for office furniture that was never received.
She was also accused of inflating the estimated cost of renovations for Farmer’s House, the ministry’s headquarters, from Shs4.6 billion to Shs6.2 billion, as well as misappropriating Shs200 million meant for staff laptops, leaving Shs8 million unaccounted for.
Dissatisfied with the committee’s findings, Ms. Ssali sought judicial review in the High Court, arguing that the committee had acted beyond its legal mandate, exhibited bias, and denied her a fair hearing by preventing her from cross-examining witnesses.
Following her dismissal, Ms. Ssali was charged before the Anti-Corruption Court on multiple counts, including abuse of office, causing financial loss, and conspiracy. She was granted bail but remains entangled in legal battles.
One of the key accusations against her involves an alleged unlawful payment of Shs3.86 billion to Kirya & Company Advocates, a law firm owned by her co-accused, Julius Kirya Taitankonko.
The payment was reportedly made under the guise of compensating war victims from Buyaka Growers Cooperative, in violation of the 2017 Treasury Instructions, ultimately causing financial loss to the government.
Ssali, the former Executive Director of NSSF, is also accused of conniving with MPs Michael Mawanda, Ignatius Mudimi Wamakuyu, Paul Akamba, lawyer Taitankonko, and Leonard Kavundira, a principal cooperative officer, to defraud the government of Shs3.4 billion.
However, the trial of the quartet has been temporarily halted by presiding judge Jane Kajuga Akuo, pending the resolution of a human rights application before the Constitutional Court.
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