Lominda Afedraru
28 August 2008
The Ministry of Finance, Planning and Economic Development has appointed new members of the Tax Appeals Tribunal. They will begin work effective September 1.
Mr Asa Mugenyi, a senior city lawyer who has been in private practice in his law firm, Mugenyi and Co Advocates, chairs the five-member panel.
Other members include, Mr Besweri Akabway, a former deputy commissioner general with URA, Mr Pius Bahemuka a senior accountant, Mr Martin Feeta, a lawyer by profession and former URA commissioner in charge of Tax policy and Mr George Wilson Mugerwa an economist and the only member of the Tribunal whose term of office was renewed.
The members were appointed by the Minister of Finance Dr Ezra Suruuma as provided for in the tax law. "By powers conferred upon me by Section 4(1) of the Tax Appeals Tribunal Act, I am pleased to appoint you as members of the Tribunal for a period of 3 years with effect from September 1, 2008.
Details about the functions of the Tribunal and your responsibilities as members are captioned in Tax Appeal Tribunal Act," read part of Suruma's appointing letters dated August 12.
The appointment comes at a time when Members of Parliament on Finance, Planning and Economic Development committee recently expressed concerns on the legality of the Tax Appeals Tribunal operations by members whose term of office is expiring at the end of this month.
The MPs said they had received accusations from Uganda Revenue Authority that members of the Tribunal including its chairperson, Mr Benjamin Kamugasha were operating illegally because their term of office had long expired.
The concerns arose when State Minister for Finance, Planning and Economic Development (general duties), Mr Fred Omach appeared before the committee to defend the ministerial policy statement.
The Minister however defended the Tribunal members saying his ministry extended their term of office until the new members are appointed.
He said the Ministry had come up with names for members of the Tribunal after they had been forwarded to the Judicial Service Commission (JSC) for consultation.
The new members are replacing Mr Benjamin Kamugasha former chairperson of the Tribunal, Juventine Iica, L. M. Kyazze, Mr Perry Namugowa and George Mugerwa who has been retained.
The group has worked for the Tribunal for the last ten years. According to the tax law, the Tribunal members have a responsibility of hearing and settling disputes between taxpayers and URA.
However, URA by law is not entitled to bring cases before the Tribunal against taxpayers but it can use its powers either to attach properties of tax defaulters or take the matter to the Commercial Court.
URA has in the past boycotted Tribunal hearings handling cases filed against it alledging bias by the members.
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