President Yoweri Museveni will have to show which side of corruption he is fighting on, after the Solicitor General placed in his hands the matter of corruption involving Ms Sylvia Muwebwa Ntambi.
The SG has advised that the Ministry of Gender, Labour and Social Development has no powers to interdict Sylvia Muwebwa Ntambi, the troubled Equal Opportunities Commission chairperson, and it is the President to take action.
In a December 2 letter, Mr. H. Tukamushaba, writing on behalf of the Solicitor General advised the ministry’s Permanent Secretary Aggrey David Kibenge to bring the matter to the attention of Gender Minister Frank Tumwebaze who will in turn inform the President for the final decision.
“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 virtual of section 24 of the Interpretation Act Cap.3 , its the President, him being Ms. Sylvia Muwebwa Ntambi’s appointing authority , to suspend, reappoint or reinstate her as part of his power of appointment,” Mr. Tukamushaba noted.
“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 so that he may in turn bring it to the attention of the president for the requisite action.”
Last month, the Gender Ministry PS wrote to the Solicitor General while seeking counsel regarding the required steps for the interdiction of Ntambi.
“I’m in receipt of a case file ‘Uganda Vs Agnes Enid Kamahoro and 9 others CID Headquarters E/297/2019’ from the Director of Public Prosecutions, bringing to my attention the fact that Ms Sylvia Muwebwa Ntambi , the Chairperson of Equal Opportunities Commission has been charged at the Anti-Corruption Court with the offences of Conspiracy to defraud (2 counts) and corruption , contrary to section 309 of penal code act and section 2 of the Anti-Corruption Act 2009,” Kibenge said in a letter dated 9 November, 2020.
“As your aware, the chairperson and members of the the Equal Opportunities Commission are appointed by H.E the president with approval of Parliament. The appointment is subject to the constitution of the Republic of Uganda, The Equal Opportunities Commission Act , Public Service Act regulations made there under; Government standing orders and Administrative Instructions issued from time to time.”
Mr Kibenge further revealed that the purpose of the letter was to seek advice from responsible parties on whether or not to proceed to interdict Ms Ntambi based on the advice offered by the Director of Public Prosecutions.
“I the above advice by the DPP stands, to seek your guidance on who is the rightful responsible officer to interdict the officer being an appointee of H.E the President,” he said.
Ntambi and the nine employees of the commission face 25 counts of causing financial loss, conspiracy to defraud, embezzlement, corruption, and abuse of office.
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