UGANDA: SOLICITOR GENERAL SQUARES OFF WITH IGG

C O N F I D E N T I A L SECTION 01 OF 02 KAMPALA 001741 SIPDIS SIPDIS E.O. 12958: DECL: 11/01/2017 TAGS: PGOV PHUM UG SUBJECT: UGANDA: SOLICITOR GENERAL SQUARES OFF WITH IGG REF: KAMPALA 1708 Classified By: Political/Economic Chief Kathleen FitzGibbon for reasons 1.4 (b) and (d). ¶1. (C) Summary: A continuing showdown between the Inspector General of Government (IGG) Faith Mwonhda, and the Solicitor General, Lucian Tibaruha, could have important Constitutional implications for the IGG's institutional credibility and its capacity to fight corruption. The High Court found the IGG's indictment of Tibaruha for "mismanagement of cases" leading to financial loss for the government, and President Museveni's order to Tibaruha to vacate his office, to be illegal. The IGG now is threatening to prosecute Tibaruha for Leadership Code violations. A number of officials in Uganda now feel there is a pattern of IGG intimidation emerging in which she charges individuals without a strong case and threatens government officials who question her jurisdiction or authority. End Summary. ¶2. (SBU) Since early 2007, the Inspector General of Government (IGG) Faith Mwondha and Solicitor General Lucian Tibaruha have been locked in a struggle over "divergent opinions on the role and powers of the IGG," according to Tibaruha. On May 31, the IGG reportedly persuaded President Museveni to write a letter to Tibaruha ordering him to vacate his office because of unspecified complaints that he had mismanaged government court cases. Museveni's letter said that the IGG would investigate him for alleged corruption and abuse of office. The IGG then obtained a letter of indictment from the Head of the Public Service that stated Tibaruha was required to vacate his office on June 21. ¶3. (SBU) Tibaruha obtained a High Court order stopping the IGG from indicting him on June 20. The High Court ruled that the indictment letter obtained by the IGG did not provide evidence of serious misconduct to warrant dismissal, no specific charges against the Solicitor General, and no determination of misconduct from the Head of Public Service. The High Court ruled that the indictment contravened the Constitution, the Public Service Act, and the Uganda Government Standing Orders, and was therefore illegal, null, and void. ¶4. (SBU) The IGG's letter said that the Solicitor General had mismanaged court cases against the government. Mwondha claimed that mismanagement led to the loss of public funds and warranted dismissal. The IGG failed to attach a list of the mismanaged cases and the financial losses incurred. The letter of indictment said that the IGG would carry out investigations into the matter. (Note: In effect, the IGG would look for evidence to support the indictment after it was issued. This was similar to her handling of the Global Alliance for Vaccines and Immunization (GAVI) case against former health ministry officials. Per reftel. End Note.) ¶5. (SBU) On September 27, President Museveni sent another letter to Tibaruha ordering him to vacate his office and accusing him of "contemptuously filing" a case in the High Court. Museveni's letter threatened Tibaruha with further prosecution for "disobeying my directive." ¶6. (SBU) According to the Public Service Commission regulations, an indictment of a public officer must be initiated by the Public Service Commission, not the IGG. The IGG directed the Head of Public Service to indict Tibaruha. President Museveni's directives in the case were also against Public Service rules. The IGG's argument was that the Solicitor General caused financial loss to the Government through lost or "mismanaged" cases. However, during his tenure, Tibaruha prosecuted 94 percent of government cases successfully, winning 395 billion shillings in court awards. The government lost 6 percent of the cases resulting in 25 billion shillings in court awards during his tenure. - - - - - - - - - - - - - - - - - PATTERN OF INTIMIDATION EMERGING - - - - - - - - - - - - - - - - - ¶7. (SBU) Various government officials complain about Mwondha's unchecked actions and disregard for regulations and laws. Many of them have been admonished--in writing--for seeking advice on the legalities of the IGG's requests and threatened with fines and arrest. The country's first IGG, Augustine Ruzindano who held the post for ten years, told P/E Chief and USAID Democracy and Governance Team Chief that Mwondha's confrontational tactics were discrediting the IGG's office, complicating prosecutions, and partially to blame for her inability to retain staff. He expressed disappointment about the latest publicity about the IGG's interrogation of the acting Solicitor General Jane Kiggundu for failing to meet an IGG deadline to turn over files related to Tibaruha KAMPALA 00001741 002 OF 002 case on October 30. Kiggundu wrote to the IGG saying that she could not release Tibaruha's files because they were in court. The fact that Kiggundu was questioned for several hours and her office was searched was splashed on the front-page of the Government-run daily. Kiggundu was released after she apologized to the Mwondha and has not yet been charged with an offense. - - - - COMMENT - - - - ¶8. (C) Mwondha has been described as overzealous in her crusade against corruption and declarations of independence and superiority over other government institutions. As a result, she is an easy target for her detractors or those involved in corrupt acts. Other donor missions also question her respect for due process and the law. A pattern of rushing to judgment appears to be emerging in which Mwondha's investigations and legal interpretations do not withstand court scrutiny. She uses the press to put forward her allegations or legal interpretations, which appear to be shaky in many cases. Mwondha then resorts to strong-arm tactics against government officials who question the legalities of her actions. Her reputed ties to State House call into question the degree to which she operates independently and intimidates officials from taking her on constitutionally. The IGG's office is one of the key anti-corruption institutions targeted for institutional development by the Millennium Challenge Corporation (MCC) program. CHRITTON