Milton Olupot
10 November 2008
Kampala — Parliament has not cleared ministers Amama Mbabazi and Dr. Ezra Suruma of any wrong-doing over the Temangalo land saga, Speaker Edward Ssekandi said yesterday.
Parliament, he said, had been misunderstood. "Certain conclusions that Parliament cleared the ministers, especially in respect of their conduct as leaders, was wrong," he said. "It was only a rejection to deal with a matter that is not properly brought before Parliament. We could only clear if somebody is charged before us."
The media last week reported that Parliament had absolved the two ministers of the accusations of conflict of interest and influence peddling in the sh11b land deal between the National Social Security Fund (NSSF) and Arma Ltd., a company linked to security minister Mbabazi. Suruma, as finance minister, supervises the fund.
To establish the ministers' role in the matter, a parliament committee carried out investigations. In its report, the committee said the ministers had contravened the Leadership Code and should resign or be dismissed.
However, six of the 20 members disagreed and wrote a minority report, which, unlike the main one, found the ministers innocent on all grounds.
Before the debate on the reports commenced in Parliament, the NRM caucus and the cabinet also absolved the ministers.
When the documents came up for debate before Parliament, some MPs said Parliament had no power to investigate corruption and enforce the Leadership Code. Such a role, they said, belonged to the Inspectorate of government (IGG).
But the media concluded that Parliament absolved the ministers.
Explaining the matter yesterday, Ssekandi argued: "If anybody reads the verbatim records of The New Vision, we did not come to that conclusion."
Ssekandi was speaking to The New Vision in an interview in his office in Kampala.
He said the main report had concluded that the ministers breached the Leadership Code and had called for their punishment.
But, Ssekandi noted, some MPs objected to this, saying a Parliament could not enforce the code.
"I don't think the public expects us to go beyond our mandate," Ssekandi said. "Parliament must operate within the law and the Constitution."
He said for Parliament to exonerate the ministers, it should have put them through a process of trial and found them not guilty.
The law, he explained, allowed the IGG to delegate its duties. However, in this case, he said, the IGG had not asked Parliament to investigate the ministers.
"Thus, (the report) was not the work of the IGG and it was not done under delegation. Can we receive it as valuable record for us to consider?" Ssekandi asked.
He said the IGG was free to handle the matter.
"The IGG may find them guilty or not guilty but it was not the work of Parliament to exonerate or convict," he added. However, he said, it was within Parliament's power to agree that there was value for money in the land deal, to include workers on the NSSF board and to ensure that land titles are transferred into the Fund's name.
The report, he said, had also accused the ministers of breaching procurement laws.
However, the Speaker argued, the land purchase was an investment and, therefore, the procurement law could not apply.
He also said the law provided for a minority report and that the dissenting MPs were entitled to a copy of the main report.
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