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Broke Judiciary suspends cases
L-R: Interdicted Ministry of Public Service officials, Steven Lwanga, Francis Lubega, Jimmy Lwamafa, and Christopher Obey at the Anti-Corruption Court in Kololo recently. The case, in which they are charged with theft of pension money, was yesterday adjourned after a cash crisis hit the Judiciary. PHOTO BY ABUBAKER LUBOWA.
What you need to know:
Judiciary says it has no money to conduct cases but treasury secretary insists all funds for the institution for this financial year have been released.
Kampala
Hearing of criminal cases in courts around the country has ground to halt as a cash crisis in government appeared to bite deeper.
The Judiciary, the arm of government responsible for the court system, yesterday said the Finance ministry has not released the much-needed Shs1 billion thus creating a shortage in the monthly operational fund and leading to suspension of hearing of some cases.
“We have already informed government that failure to [avail] operational funds will cause delay in delivery of justice,” said Mr Araali Muhiirwa, the assistant spokesperson of the Judiciary. He made the revelation at a press conference moments after the Kololo-based Anti-Corruption Division of the High Court suspended the trial of nine officials of the Ministry of Public Service who were indicted over the multi-billion shilling pension scam.
The suspension has been met with consternation at the ministry of Finance which also denied any delay in releasing monies to the courts.
By press time, it was not immediately possible to make a connection between the disagreement over whether funds have been released to the Judiciary and the ongoing government struggles to plug holes left by the withdrawal of donor support -- itself triggered by the Shs50 billion graft scandal in the Office of the Prime Minister.
Officially, budget overruns are being blamed for the present difficulties. But by yesterday, Parliament was sticking to its guns and demanding full accountability from the government before it could approve a Shs46 billion supplementary budget request presented by the Finance ministry for public servants’ salaries.
Mr Keith Muhakanizi, the secretary to the Treasury, insisted that all Judiciary funds for this financial year have been released. “I released all the money on the Judiciary budget by 100 per cent. So, I don’t understand the cause of shortage,” said Mr Muhakanizi in a telephone interview.
Mr Muhiirwa, himself a magistrate sitting at Buganda Road Magistrates Court, said the shortage has mainly affected cases before the anti-graft court but also consequences for some criminal and civil matters.
Magistrate Sarah Langa suspended the trial of the officials, including Mr Jimmy Lwamafa, the interdicted former permanent secretary at the ministry of Public Service, until July 15.
Other cases involving officials similarly affected include the matter of Mr Stephen Kiwanuka Kunsa, director research and development; Mr Christopher Obey, the principal accountant, Mr David Oloka Japian, a senior accounts assistant and Mr Francis Lubega, an information system analyst.
They are facing charges of theft, causing of financial loss, abuse of office, negligence of duty, embezzlement and conspiracy to defraud. Judiciary sources indicate that the pension scam trial, like many other cases pending disposal before the courts, now stall due to lack of funds to facilitate prosecution witnesses in terms of transport among others. Ms Jane Kajuga, the spokesperson at the Directorate of Public Prosecutions, said prosecution of this case could not proceed because courts do not have money.
In a June 7 internal memo to all courts of judicature, the Secretary to the Judiciary, Ms Dorcas Okalany, had earlier hinted at the coming difficulties due to the cash shortfall.
“This is to inform you all that due to budgetary constraints and inadequate release from the Ministry of Finance, Planning and Economic Development, we shall have a shortfall of Shs1 billion,” reads the memo. It adds: “The funds available will be restricted to payment of consolidated staff allowances only.”
The law fraternity has expressed concern at the development, noting that the suspension of operations would worsen the already existing huge case backlog as well as infringing on the constitutional right to a fair and speedy trial. Mr Nicolas Opio, the secretary general of the Uganda Law Society, yesterday described the suspension of hearing cases as “catastrophic”.
