Mwanje v The Attorney General of Uganda (Judicial Review Miscellaneous Cause 100 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court held that a Parliamentary Select Committee exceeded its jurisdiction when it recommended the dismissal and prosecution of the applicant, a Chief Finance Officer at the National Social Security Fund, for allegedly practising accountancy without a certificate. The court found the Select Committee acted with illegality by making recommendations outside its terms of reference, with procedural impropriety by failing to give the applicant adequate notice of the specific allegations against him, and with irrationality by misunderstanding his statutory duties. The court quashed the impugned findings and recommendations.

Outcome

Application granted; impugned Select Committee findings, recommendations and Parliamentary resolutions affecting the applicant quashed

Facts

On 25 January 2023, Parliament constituted a Select Committee to examine affairs at the National Social Security Fund, including corporate governance, the appointment of its Managing Director, safety of savers' money, and stakeholder engagement. The Select Committee conducted hearings at which NSSF management and staff, including the applicant (Chief Finance Officer), appeared. On 9 March 2023, Parliament adopted the Select Committee's report, which included recommendations that the applicant had failed to ensure accountability for disbursements totalling UGX 806,525,000, that his appointment as CFO contravened the Accountants Act 2013 because he lacked a practising certificate, and that he should be dismissed and prosecuted. The report further recommended that he step aside for investigation by the Inspector General of Government for abuse of office, corruption, and conspiracy. The applicant contended he was not given specific notice of allegations against him, that his role as CFO did not constitute 'practising accountancy' under the Act, and that he had no power over budgetary approvals which were within the Board's statutory mandate.

Issues

1. Whether the findings, conclusions, recommendations, and/or directives numbered 8, 9, and 25 in the Report of the Select Committee of Parliament on the Affairs of NSSF and the Resolutions numbered 7(c), 8, 16, 25, and 27 in the Resolution of Parliament dated 09th March 2023 made against the Applicant were made illegally, irrationally, and/or with procedural impropriety or unfairness.
2. What remedies are available to the parties?

Orders

• A Declaration doth issue that the findings, conclusions, and recommendations and/or directives numbered 8, 9, and 25 in the report of the Select Committee on the State Affairs at the National Social Security Fund of February 2023, adopted by Parliament on 9th March 2023, together with the resolutions numbered 7(c), 8, 16, 25 and 27 in the Resolution of Parliament on the Report of the Select Committee on the State of Affairs at the National Social Security Fund passed on 09th March 2023 against the applicant are tainted with illegality, procedural impropriety, offend the rules of fairness and/or natural justice and are null and void.
• An Order of Certiorari doth issue quashing the findings, conclusions, recommendations and/or directives numbered 8, 9, and 25 in the report of the Select Committee on the State Affairs at the National Social Security Fund of February 2023, adopted by Parliament on 9th March 2023, together with the resolutions numbered 7(c), 8, 16, 25 and 27 in the Resolution of Parliament on the Report of the Select Committee on the State of Affairs at the National Social Security Fund passed on 09th March 2023 made against or affecting the applicant.
• Application succeeds on all grounds.
• No order as to costs.

Rules and key headnotes

Legislation cited (19)

• Constitution of Uganda 1995 Article 42
• Constitution of Uganda 1995 Article 28(1)
• Constitution of Uganda 1995 Article 44(c)
• Constitution of Uganda 1995 Article 90(1)
• Constitution of Uganda 1995 Article 90(3)
• Constitution of Uganda 1995 Article 94(1)
• Judicature Act Cap. 13 s.33
• Judicature Act Cap. 13 s.36
• Judicature (Judicial Review) Rules SI 13-1 Rule 3
• Judicature (Judicial Review) Rules SI 13-1 Rule 4
• Judicature (Judicial Review) Rules SI 13-1 Rule 5
• Judicature (Judicial Review) Rules SI 13-1 Rule 6
• Judicature (Judicial Review) Rules SI 13-1 Rule 7
• Judicature (Judicial Review) Rules SI 13-1 Rule 8
• Accountants Act 2013
• National Social Security Fund Act s.29
• National Social Security Fund Act s.42
• Parliamentary Rules of Procedure SI No. 30 of 2021 Rule 190
• Parliamentary Rules of Procedure SI No. 30 of 2021 Rule 208

Cases cited (11)

• R (New London College) v Secretary of State for Home Department [2013] UKSC 51, [2013] I WLR 2358
• AXA General Insurance Ltd v HM Advocate [2011] UKSC 46, [2012] 1 AC 868
• R (on the application of Khatun) v Newham LBC [2004] EWCA Civ 55, [2005] QB 37
• Beti Kamya Turwomwe v Attorney General and Another (High Court Miscellaneous Application No. 209 of 2022)
• R v Secretary of State for Transport Ex p Greater London Council [1986] QB 556
• R (Morgan Grenfell & Co Ltd & Co Ltd) v Special Commissioner of Income Tax [2001] EWCA Civ 329
• Council of Service Unions v Minister of Civil Service [1985] AC 374
• Council of Civil Service Union vs. Minister for Civil Service [1985] AC 374 ALL ER 935
• Namuddu Hanifa v The Returning Officer Kampala District and Others (High Court Miscellaneous Application No. 7 of 2006)
• R (on the application of March) v Secretary of State for Health [2010] EWHC 765 (Admin); Med.L.R 271
• R v (on application of MD (Gambia)) v Secretary of State for the Home Department [2011] EWCA Civ 121

The original judgment as reported. Read the original PDF before relying on any passage.