In a significant judicial review, the High Court of Uganda, presided over by Hon. Justice Ssekaana Musa, has quashed a series of directives issued by Parliament’s Select Committee on the National Social Security Fund (NSSF) against Steven Henry Mwanje, the fund’s Chief Financial Officer.
The directives, part of a parliamentary report dated February 2023 and adopted by Parliament on March 9, 2023, included allegations of illegal practice, recommendations for Mwanje’s dismissal, and calls for a potential prosecution.
Justice Ssekaana’s ruling, issued on October 31, 2024, declared the committee’s findings and recommendations to be “tainted with illegality, procedural impropriety, and an absence of natural justice.” This judgment highlights a critical oversight and boundary of powers in parliamentary committees’ operations, particularly in cases impacting personal rights and reputations within public institutions.
The Court’s decision specifically addressed issues raised by Mwanje in his petition such as Lack of Fair Hearing and Due Process, in his petition, Mwanje argued that he needed to be given an adequate opportunity to respond to the allegations leveled against him. Justice Ssekaana agreed, highlighting that Mwanje was neither notified of the accusations regarding his qualifications nor given a fair platform to address the adverse findings. The Court noted that these procedural lapses violated Article 42 of Uganda’s Constitution, which mandates fair and just treatment in administrative proceedings.
On the issue of exceeding the Mandate, the court critiqued the Select Committee for exceeding its investigatory mandate by encroaching upon the NSSF Board’s powers. Parliament’s resolutions recommended Mwanje’s termination, a directive outside the committee’s jurisdiction. Justice Ssekaana pointed out that employment decisions within NSSF lie strictly with the Board, which had deemed Mwanje’s qualifications valid and compliant under the Accountants Act. “The Select Committee acted beyond its mandate,” the judge noted, “and its directive to terminate Mwanje’s employment is void and without legal effect.”
On the Misapplication of the Accountants Act, the court also found fault with the committee’s interpretation of the Accountants Act, specifically regarding Mwanje’s qualifications. In their report, the Select Committee had alleged that Mwanje was practicing accountancy without a valid certificate, a basis for recommending his dismissal. However, the judge ruled this interpretation as erroneous and inconsistent with Mwanje’s role at NSSF, which does not legally necessitate certification. Justice Ssekaana emphasized that the committee’s finding represented a “glaring illegality” and could not form a lawful basis for disciplinary action.
Justice Ssekaana further invalidated the committee’s suggestion for a “lifestyle audit” on Mwanje, terming it a “fishing expedition” that lacked specific wrongdoing or reasonable suspicion. He noted that broad and generalized recommendations for investigations or lifestyle audits without clear evidence fail the standard of fairness and appear as abuses of oversight powers rather than justified inquiries.
Justice Ssekaana also observed that Parliament’s recommendations had led to Mwanje facing a potential police investigation for financial losses within NSSF, which he contends were due to departmental processes beyond his control.
“An Order of Certiorari doth issue quashing the findings, conclusions, recommendations and/or directives numbered 8, 9, and 25 in the report of the Select Committee on the State Affairs at the National Social Security Fund of February 2023, adopted by Parliament on 9th March 2023, together with the resolutions numbered 7(c), 8, 16, 25 and 27 in the Resolution of Parliament on the Report of the Select Committee on the State of Affairs at the National Social Security Fund passed on 09th March 2023 made against or affecting the applicant,” ruled Justice Ssekaana.
Meanwhile, by quashing the findings, the Court has effectively shielded Mwanje from immediate adverse employment action and possible criminal proceedings initiated under these committee recommendations.
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