10 November 2008
document
Kampala — Last week, Parliament debated the majority and Minority reports of the committee that probed NSSF land purchase from businessman Amos Nzeyi and security minister Amama Mbabazi. Madinah Tebajjukira brings you a continuation of the proceedings
Abdu Katuntu (committee vice chairman): Mr. Speaker, as the Leader of Opposition has ably put it, that first paragraphs of our report clearly states under what provisions of the law we were proceeding to handle this matter.
Indeed, we still think we were empowered by Article 90 of the Constitution and rule 154 (D) which empower this specific committee of Parliament to monitor the operations of any commission, or authority established under the Constitution established under the Constitution or any Act of Parliament. What is missing in this statement of the Attorney General is his old interpretation of this particular rule in relation to Article 90 of the Constitution and our investigation. I expected the Attorney General, before he came to the conclusion he did, that we did not have the mandate under the law, to disagree and give us his own opinion of the Article we cited. It should have been here.
Then you disagree with us and say rule 154 under which the committee purported to proceed is not applicable. Then he can give his reason. It is missing in here. Instead he has gone off the target and he has arrived at the issue only relating to the issue of the Leadership Code. The issue of the Leadership Code covers only two issues of our investigations. There are two other issues that are covered within our investigation. And for the Attorney General to say the committee did not have a mandate, my own interpretation is, I mean to some of us who take and indeed to this House which take its work very seriously, this is an issue that touches the powers of the committee under our rules touches...
Ogenga Latigo: Thank you Katuntu for helping to put this matter, to the right perspective. The committee had two sets of provisions. First, the laws and the laws they cited, and secondly set for themselves terms of references, which states:
The committee has powers to define how they proceed and in those terms, they were four:
Whether there was conflict on interest by the parties involved.
Whether there was influence peddling in the transaction.
Whether there was value for money attained by NSSF in the purchase of the land.
Whether the procurement office as provided for by the Public Procurement and Disposal of Public Assets Act No.1 of 2003 was followed. The only law under which the committee proceeded with their investigations, was the Public Procurement and Disposal of Public Assets Act. But, therefore, if you consider the first two paragraphs... (members make a noise)
If you have these two, they provide the basis of how the committee proceeded with its inquiry. Nowhere in this document, whether in the law, or the terms of reference, did the committee refer to the Leadership Code.
Speaker: I think we are narrowing our differences because the issue which was raised was a simple question: Does the committee of Parliament have a mandate to enforce the Leadership Code? I am giving a ruling. One thing is, if one say it is not under the Leadership Code that we acted, and the Attorney General has told us that we do not have the jurisdiction to enforce the Leadership Code. So what we can do, let us deal with this report and the conclusion without refereeing to the Leadership Code. I think that would be the easiest way to handle that matter . (members clap)
Katuntu: May I take it Mr. Speaker that that is your ruling?
Speaker: I am saying if you did not operate under the Leadership Code, we can consider other matters which the committee handled and then leave the Leadership Code conclusion.
Katuntu: Yes. Having taken that as your ruling, I seek your clarification, the fourth issue is about public procurement.
Speaker: Okay
Katuntu : Public procurement is also mandated by the PPDA. What authority do we have no to talk about public procurement and make recommendations on it, if at all, it's the enforcing agency of the PPDA.
Speaker: Wouldn't you like to read that Act something which is equivalent to Section 'D' of the Leadership Code?
Katuntu: Mr Speaker, I do not have the Act with me here...
Members: Go away.
Speaker: Honourable members, in view of the opinion of the Attorney General, who is the principle legal adviser to Government, let us look at the report of the committee without making reference to the Leadership Code because its enforcement is vested in the Inspectorate of Government.
Members: Claps and heckling
Adolf Mwesigye: Thank you very much Mr. Speaker, following the opinion of the Attorney General and your guidance, I am I move this motion completing avoiding and abandoning any reference to the Leadership Code. I, therefore, proceed with my proposals in four. In my motion, 1, 2, 3, is deleted, I withdraw it from my motion because they refer to the Leadership Code. I am abandoning those proposals and I invite the House to endorse my recommendations.
Members: Aye
Mwesigye: I proceed, you will put the question. The question will be put later, let me move my motion, let me complete my motion.
Members cheer
Mwesigye: On value for money Mr. Speaker, I would like to recommend that value for money...
Speaker: There is something which is already here.
Members applaud
Theodore Ssekikubo (NRM): Thank you very much Mr. Speaker Sir. Mr Speaker, Sir, I am raising to seek your guidance, not specifically on this matter of NSSF, particularly the Leadership as it has been interpreted by the Attorney General. But I want you to rule on this matter because I am finding it difficult...
Members: He has ruled.
Ssekikubo: To comprehend this, Parliament as the Attorney General has said, it is clear the standing committee on commission, statutory authority and state enterprise acted in good faith in conducting an inquiry and the Leadership Code, and making findings and conclusions under the Code.
Mr. Speaker, Sir, the disturbing aspect here why should the Attorney General, belittle the institution of Parliament by saying they merely acted in good faith. And on top of that Mr. Speaker, Sir, where are the powers of Parliament you preside over? Probably, there could be some problems here and there, Mr. Speaker, Sir.
Speaker: Noooooo!
Ssekikubo: But do you have to undermine the institution under which we all seek our mandate? There could be an immediate problem on our hands but is it a gap to put this House in such...
Speaker: Hon. Ssekikubo, when this kind of transgression comes in a statement that in good faith, it means that although an error was made, it was not intentional and, therefore, it should not earn a condemnation, it was done in good faith and, therefore, do not blame them. It was an error done in good faith, that is what it means, and many times they say so and so should not be executed because what he did was done in good faith. That is the use of that particular term.
Members: Claps and laughter
Latigo: Hon. Speaker, I pointed out a matter of fact that no where the in the law that the committee proceeded to under take its work, neither in the terms of did they make a single reference to the Leadership Code.
Members mummer
Latigo: Wait, please, let me proceed.
Clerk orders to keep quiet.
Latigo: And, there fore, (members continue making a noise).
Clerk orders House to keep quiet
Kabakumba Masiko (Government Chief Whip): Right Hon. Speaker, I have a lot of respect for the Leader of Opposition, is it in order for the Leader of Opposition to challenge your ruling when you have clearly guided that if they think the they did not touch anything to do with the Leadership Code, so be it. But if the Leadership Code is mentioned anywhere, the rules they are quoting are different, but the conclusions are drawn from the Leadership Code. Is he in order to challenge your ruling?
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