Identifier
Created
Classification
Origin
07KAMPALA1741
2007-11-09 05:36:00
CONFIDENTIAL
Embassy Kampala
Cable title:  

UGANDA: SOLICITOR GENERAL SQUARES OFF WITH IGG

Tags:  PGOV PHUM UG 
pdf how-to read a cable
VZCZCXRO2408
RR RUEHRN RUEHROV
DE RUEHKM #1741/01 3130536
ZNY CCCCC ZZH
R 090536Z NOV 07
FM AMEMBASSY KAMPALA
TO RUEHC/SECSTATE WASHDC 9614
INFO RUCNIAD/IGAD COLLECTIVE
RUEHXR/RWANDA COLLECTIVE
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).

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