Minister Anite asks Muhakanizi to back off UTL audit saga as politics, law continue to collide

Confusion has continued to brew in the proposed audit into the activities of Uganda Telecom Limited with the latest being the defiance letter by the Minister of State for Privatisation and Investment Evelyn Anite.

On July 16, President Museveni wrote to Anite directing her to cause an audit into UTL to enable government confirm or clear the allegations about the mess at the telecom company.

However, on August 2,Keith Muhakanizi, the  Permanent Secretary at the Ministry of Finance wrote to the acting Internal auditor for the ministry to halt the audit on Uganda Telecom Limited (UTL) because it would be subjudice since the question of the audit of UTL is now before court.

“I have also discussed this matter with Hon. Matia Kasaija and he has directed that we should allow the court process to take its course and subsequently conduct the audit following this due process,” a letter dated 2nd August 2019 and signed by Keith Muhakanizi read.

https://nilepost.co.ug/2019/07/18/museveni-directs-minister-anite-to-audit-utl/

In a new twist manifesting confusion and conflict between the law and politics, Anite has written a stinging response to Muhakanizi saying that he has no powers to order the ministry’s internal to halt the audit saying it is an order from the President.

“If you are seeking to reject the directive of H.E the President to me, do it formally and write to him instead of outright connivance, subterfuge, sabotage and manipulation all aimed at stalling efforts to find out the true state of UTL to inform further government action,”Anite’s August 2 letter reads in part.

In the letter, the furious Anite says Muhakanizi’s actions raise concern over his intentions in regards the audit into Uganda Telecom Limited.

She says it is clear some people have their own hidden agenda and will do all it takes to frustrate the intended audit into the activities of the government company.

“What prejudice will an audit occasion to you and the government that you have become too desperate to the extent of harassing and intimidating the acting internal auditor general duly requested to carry out the audit,”Anite fires back.

Law and Politics collide

In his letter to the acting Internal Auditor General, the Finance Ministry Permanent Secretary Keith Muhakanizi argued that auditing Uganda Telecom now would be subjudice since the matter is before court.

He noted that having consulted the Finance Minister, Matia Kasaija, he had been advised that the audit be halted to allow the court process take its course and the audit conducted after court pronouncing itself on the matter.

However, in her letter responding to Muhakanizi’s, Anite says the President’s orders take precedence over anything else, noting that unless she gets another order, the audit will go on.

“The directive of H.E the President predates any scheme that might subsequently be contrived to frustrate it,” Anite writes in her letter.

https://nilepost.co.ug/2019/08/02/muhakanizi-orders-utl-audit-to-stop-until-court-case-disposed-of/

She explains that the subjudice rule prohibits matters under judicial consideration from being discussed in the public adding that the President’s directive is only aimed at ensuring proper management at UTL.

“The rule cannot, therefore, be used to stop a legitimate process that is aimed at enhancing transparency in the management of UTL. The directive (from the President) is therefore not subjudice.”

In June, Minister Anite last month told parliament that government had lost control of UTL adding that there is no record of the company’s revenue and disbursements.

“We do not know the status of the company; I want to say that technically, we have lost the company,” she told MPs during the plenary sitting on Thursday, 20 June 2019.

Anite revealed that the Finance Minister, Matia Kasaija, had consequently written to the Auditor General asking for an audit on UTL, but the former declined saying there was an ongoing court action which stops his office from conducting the audit.

She also wrote to the Attorney General asking him to apply to court to have Bemanya removed as the administrator for Uganda Telecom Limited for failure in his duties and that all concerned parties had lost confidence in him.

However, the Deputy Attorney General, Mwesigwa Rukutana blasted Anite saying she has no supervisory powers over the UTL administrator.

The State Minister for Finance in charge of Privatisation and Investment also wrote to the Attorney General asking him to apply to court to have Bemanya removed as the administrator for Uganda Telecom Limited for failure in his duties and that all concerned parties had lost confidence in him.

However, the Deputy Attorney General, Mwesigwa Rukutana blasted Anite saying she has no supervisory powers over the UTL administrator.

The latest outbursts by officials from the finance ministry clearly indicate a fight over supremacy but also a collision of politics and the law in regards to the Uganda Telecom saga.