By Spy Uganda
In a significant ruling, the High Court of Uganda has dismissed an application filed by Geraldine Ssali, the former Permanent Secretary of the Ministry of Trade, Industry, and Cooperatives, challenging the legality of a Parliamentary Sectoral Committee report. The report, which scrutinized the allocation of a Shs 5 billion supplementary budget for office rent, found serious financial mismanagement at the Ministry.
Justice Musa Ssekaana ruled that the parliamentary committee had acted within its legal powers, affirming that it had the right to investigate public spending. In his judgment, Justice Ssekaana stated, “This court finds that the Sectoral Committee acted legally and within its powers when it invoked its mandate under the Rules of Procedure of Parliament and inquired into the utilization of supplementary budget for the FY 2021/2022 to the Ministry for the rent of office premises.”
Background of the Dispute
The controversy centers around Ssali’s handling of a Shs 5 billion supplementary budget that had been allocated for office rent. The Parliamentary Sectoral Committee’s investigation uncovered that Ssali had misused the funds by diverting them toward renovations at the Ministry’s offices at Farmers House. The report accused Ssali of committing the Ministry to a Shs 6.2 billion renovation contract without obtaining the required parliamentary and Treasury approvals.
Additionally, the committee highlighted several irregular expenditures, including Shs 570 million spent on transportation, Shs 1.19 billion on furniture, and Shs 362 million on fuel cards. Furthermore, the committee found that Ssali authorized an advance payment of Shs 4.8 billion to M/s Sarick Construction Ltd, which exceeded the legal limit of 30% for advance payments.
In her legal challenge, Ssali sought to quash the committee’s report, arguing that the committee had acted beyond its legal powers by investigating financial mismanagement, which she claimed should have been the responsibility of the Public Accounts Committee (PAC). She also contended that the committee was biased, denied her a fair hearing, and that the findings were based on speculation rather than evidence.
However, the Attorney General, represented by Senior Attorney Moses Mugisha, defended the committee’s actions, stating that the Sectoral Committee had the legal right to investigate government expenditures. The state argued that Ssali had been given adequate opportunities to present her case, and that the committee’s findings were based on facts and evidence.
Court’s Ruling
Justice Ssekaana addressed the claim that Ssali was denied a fair hearing, pointing out that Ssali had been invited to hearings on multiple occasions and had submitted the required documents. The judge concluded that the committee had given her sufficient opportunity to be heard, and emphasized that parliamentary committees do not need to conduct hearings like a court would.
Regarding the accusation of bias, the judge ruled that Ssali failed to provide any evidence of prejudice from the committee members. He further dismissed her claims that she was denied the opportunity to cross-examine witnesses, stating that she did not provide evidence to substantiate this claim.
With the case dismissed, the findings of the Parliamentary Sectoral Committee remain intact, and the recommendations for action on the mismanagement of public funds stand. Despite the dismissal of the case, Justice Ssekaana opted not to award costs, meaning each party will bear its own legal expenses.
This ruling follows Ssali’s earlier arrest and charges at the Anti-Corruption Court for misuse of funds during her tenure at the Ministry. She was also sacked by President Museveni last year following the scandal.
The court’s decision has important implications for the powers of parliamentary committees to scrutinize government spending and hold public officials accountable.
