CITY Lawyer Hassan Kiwanuka Male Mabirizi has contested the appointment of Mr. Rujoki Musinguzi as the new URA Commissioner General saying, it’s null and void, the president has no powers!
The no nonsense Mabirizi who is mostly remembered during the Mbale Age limit consitutional court hearing has told News Editor Online that, “President Museveni has contravened S.9 of URA Act. He lacks powers to directly replace URA head without Board’s recommendation. URA board recommends and the Finance minister appoints. Therefore Mr. Rujoki Musinguzi’s appointment is null and void.”
In her communication to URA staff today, outgoing URA boss Doris Akol has said, “His Excellency has just appointed Mr. John Musinguzi as new Commissioner General with immediate effect. Let’s welcome Mr. Musinguzi to the URA family and render him utmost support.”
Counsel Mabirizi says this is an illegality, the President has no powers.
Quoting the URA Act Mabirizi said, “S.9 of the URA Act says, the Minister shall appoint a Commissioner General of the Authority, on the recommendation of the board.”
“Yes the president can perform his minister’s work under the Interpretations Act but still, it’s the board to recommend who the next URA CG should be.” Says Counsel Male Mabirizi.
He has told us, “It is not applicable for a board to recommend a non staff. URA board can’t recommend someone who has been working say in State House to become URA Commissioner General because he has not been working under them.”
Going through the procedure to get the new URA boss, counsel Mabirizi has said, when they advertise that job, and interviews are conducted, they write a report to the Board depending on this report, recommendation is made for URA CG job.
He says, this was done because a Commissioner is not like a minister who can be appointed without professionalism.
“Let them tell us, when were the interviews conducted? Where is this report and which board recommended Mr. Rujoki Musinguzi for this job?” asked Male Mabirizi adding, “It is the same thing I objected to when army officers were appointed for police jobs. You can’t say, police Authority recommended army officers, because these are are not their staff.”
Asked whether he will contest Musinguzi’s appointment in courts of law, Male Mabirizi said, “I will let you know my next step. Good I have communicated my interpretation upon this appointment that it is null and void. It is an illegality and We are closely following everything.”
On sacking URA CG, counsel Mabirizi says, The same URA article shows reasons why a Commissioner General may be sacked. He cited misbehavior and inability to perform his/her functions.
“So Akol can’t just be fired. It is the Finance minister acting on advice of the Board after being satisfied that she misbehaved or that she is incompetent who can effect the sacking” Says Counsel Mabirizi.
He has told us, the Board has not recommended Musinguzi’s name and We need to know, what Akol did to deserve being sacked. The law is very clear on how one becomes Commissioner General and how he or she may be sacked.”
Let’s watch the space