Saturday, January 22, 2011

OP Justice- Declassified: Corruption in Justice 2003

TO: HON. JANAT MUKWAYA (M.P)
HON. MINISTER OF JUSTICE AND CONSTITUTIONAL AFFAIRS

FROM: CHARLES RWOMUSHANA
INTERNAL SECURITY ORGANIZATION
PRESIDENT’S OFFICE

INFO: DG/ISO

DATE: 19/12/2003

SUBJECT: BRIEF ON OPs JUSTICE.

I have received instructions from the Director General Internal Security Organization Col. Elly Kayanja to make you a summary brief on the above operation.

It is jointly done with the Inspector General of Government. I would like to request that I be allowed access to the files in issue, summon and interview officers relevant to the said operation.

Available intelligence information indicates a bee-hive activity on the part of elements from State House and some members of cabinet to interfere with this operation and I therefore pray that this memo be kept confidential at least for the time being.

1) H.C.C. NO.0167 OF 2000 AFRIC COOPERATIVE SOCIETY VS A.G

• The plaintiff claimed 68.347.550.541/= interest and costs

• Ministry of Finance insisted it could not pay as matter was fraudulent

• A.G officer (Mr Tibaruha) in collusion with Finance officers proposed 23.825.004.395/=

• Case was defended and thrown out.

2) H.C.C.S 1010/96 G. SSEMOGERERE & OTHERS VS A.G

• The former employees of the Defunct East Africa Community Vs Public Service.

• The consent judgment gave them 45.5 billions

• Costs to the suit would be agreed upon by the parties or be taxed by court in case of failing to agree.

• M/S Katende Ssempebwa Advocates were given 4.555billions instead of 456 million (as dictated by the Advocates and Remuneration and Taxation of costs) Government lost 3.5 billions

3) FLORENCE LUBEGA’S COMPENSATION.

• Mrs. Lubega had repossed a farm in which her deceased husband owned 18% shares

• It had been expropriated by Amin’s regime.

• Mrs. Lubega had been paid 100 million as exgratia sum.

• Tibaruha advised A.G to settle with Mrs. Lubega at 1.115.535.000/= for items she had already been compensated.

• I.G.G stopped the payment of 500 million for she;

- Had already been paid 100 million as full compensation

- Other similar victims of Amin had not been compensated

- If she had any enforceable claim she goes to court.

• Tibaruha insisted she be paid or he gives documents to her to defeat the I.G.G

• The judge dismissed attempts to quash the I.G.G report.

• In the new case the Solicitor General assists Mulira Advocates against the A.G


4) M/S GOODMAN AGENCIES VS A.G

• Value of trucks

• Lack of original log books of the said trucks

• Documents to show age of the trucks etc

5) WAR CLAIM/COMPENSATION TO HAJI ABDI, FINA BURUNDI, MOBIL OIL RWANDA/BURUNDI, PETRO GAS RWANDA.
• Claim of 1,506,437.9 dollars was approved by the War Debts Committee.

• Similar claims parallel in nature had been submitted to Ministry of Defence by FINA Burundi, Mobile Oil Rwanda/Burundi and Petro Gas Rwanda. These had been approved and paid.

• There was therefore double payment
Mobile Oil Rwanda / Burundi 131,193,200/=

FINA Burundi 171,193,400/=

Haji Abdi received dollars 1,304,178.42 already paid in the above.

6) THE SALE OF GOVERNMENT PROPERTY ON PLOT 18 ELIZABETH AVENUE, KOLOLO AND KAMPALA.

Uganda Law Commission (ULC) incurred costs of 168,542,366/= for mistakenly selling off properties of National Housing and Construction Corporation (NHCC)

• A.G sold the said property irregularly to pay the said costs against ULC.

7) THE TAHAR FOURATI VS NILE HOTEL INTERNATIONAL LTD.

• The Solicitor General became the commander of the anti-government forces in the said case. His interference is openly unprofessional. Allegations are that money changed hands.

• But in the case of vacating the caveat against Nile Hotel land by Tahar Fourati, contrary to the advice of the solicitor General and not withstanding the attempts of the Solicitor General to block private lawyers to defend Nile Hotel, Nile Hotel won in court.



8) SWIPCO
In the SWIPCO case of 14 billion, a case which was never defended, emerging evidence points to a syndicate between Ministry of Finance officials, A.G officials (Solicitor General)

9) INCAFEX GARUGA AND PROPERTIES CASE
The Solicitor General has been in secret meetings with Mr. Garuga on the Incafex Garuga and Properties case. They had reached a deal of 13.6 billions. Besides, the shareholders in the above companies are unaware of the said compensation.

10) HAJJI SSEMAKULA OF GENERAL PARTS VS MIDDLE NORTH AGENCIES.
He was defrauded of his land by Middle North Agencies, K.C.C and High Court. High court appears to be unable to sort out the matter.

It appears to be a witch-hunt against Ssemakula due to his disaffection against Justice Tabaro. The fault is the Judiciary for their lack of a Public Relations Unit. They are simply mechanical and an island to our largely legally illiterate mass.


CHARLES RWOMUSHANA

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