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High Court Dismisses Former Trade Ministry PS Geraldine Ssali’s Case

Justice Musa Ssekaana delivered the ruling on Friday, stating that Ms. Ssali failed to provide evidence that she was denied a fair hearing.

Lawrence Kazooba by Lawrence Kazooba
3 months ago
in Business, Court, Finance, National, News
8 0
Ms Geraldine Ssali Busulwa hit a dead end as the Justice Ssekaana Musa dismissed her applicant to overrule the recommendations of MP Mpaka's committee to prosecute her for abuse of office and causing government financial loss

Ms Geraldine Ssali Busulwa hit a dead end as the Justice Ssekaana Musa dismissed her applicant to overrule the recommendations of MP Mpaka's committee to prosecute her for abuse of office and causing government financial loss

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The High Court has dismissed an application by Ms. Geraldine Ssali, the former Permanent Secretary of the Ministry of Trade, Industry, and Cooperatives, who sought to challenge a parliamentary committee report recommending her investigation and prosecution over the alleged misuse of billions of shillings.

Justice Musa Ssekaana delivered the ruling on Friday, stating that Ms. Ssali failed to provide evidence that she was denied a fair hearing.

“The applicant did not present any proof that she was not given a fair hearing apart from merely alleging that she was not allowed to cross-examine witnesses. This ground has not been proven. She has also failed to prove claims of bias by the chairperson of the sectoral committee or its members,” the judge ruled.

The court did not award any costs in the case. Justice Ssekaana also upheld that the parliamentary committee acted within its legal powers when it investigated the use of a supplementary budget.

Parliamentary Report Findings

In August 2023, a committee led by Mbarara City South MP Mwine Mpaka recommended Ms. Ssali’s removal as an accounting officer in the Trade Ministry. The committee found that she failed to ensure proper use of public funds. As a result, it called for her investigation and prosecution by the Director of Public Prosecutions (DPP).

According to the committee, Ms. Ssali’s actions amounted to offenses under various laws, including the Public Finance Management Act (PFMA) of 2015, the Public Procurement and Disposal of Public Assets Act (PPDA) of 2003, and the Penal Code Act. Specific charges included negligence of duty, abuse of office, and causing financial loss to the government.

Among the key findings against her were:

  • Approving cash advances for questionable transport-related activities, including spending UGX 570 million on her transport and UGX 1 billion on office furniture in 2022. The ministry never received the items.
  • Inflating the cost of renovating Farmers House, the Trade Ministry’s headquarters, from UGX 4.6 billion to UGX 6.2 billion.
  • Overpricing laptops meant for staff working from home, leaving UGX 8 million unaccounted for.

Ms. Ssali’s Legal Challenge

Unhappy with the committee’s findings, Ms. Ssali filed a case in the High Court, arguing that the investigation was illegal, biased, and denied her a fair hearing. She claimed that the committee had no legal mandate to investigate the supplementary budget and that she was not allowed to cross-examine witnesses.

However, the Attorney General defended the parliamentary committee, stating that it acted within its legal authority to assess and evaluate government spending. The court agreed with this position and dismissed Ms. Ssali’s case.

Corruption Charges

Ms. Ssali is currently facing three charges before the Anti-Corruption Court: abuse of office, causing financial loss, and conspiracy. She has since been granted bail as the case proceeds.

 


Do you have a story in your community or an opinion to share with us: Email us at editorial@watchdoguganda.com

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