Male Mabirizi, a city lawyer has dragged government to court seeking to quash a recent parliamentary resolution to guarantee payment of $379.7m(shs1.3 trillion) for construction of an ultra-modern hospital in Lubowa.
Parliament last week passed a resolution committing the government to guarantee a $379.7m (Shs1.3 trillion) loan the investors pick for the project that will be a joint venture between FINASI and ROKO construction Ltd.
In his suit, Mabirizi says the resolution passed by parliament was done illegally and should be reversed.
“Despite protestations on the legality, common sense and viability of the proposal, the presiding Speaker, Rebecca Kadaga put the matter to a random vote and at the time of putting the matter to the vote, Parliament lacked the required quorum of the required one-thirds of all the members and hence the Speaker acted ultra vires, with material irregularity and illegality in putting the matter to vote,”Mabirizi says in his affidavit.
“When the speaker put the question whether to approve the majority committee report or not, I observed that the voices which were not in support of approval of the majority Committee Report were more than those in support, but to my surprise, the Speaker ruled that the majority report was approved.”
The lawyer argues that the process of passing the resolution that guaranteed payment of the money for the construction of the hospital contained a number of irregularities and that the outcome cannot be upheld.
According to Mabirizi, the resolution passed by parliament was unreasonable, unfair, contrary to common sense and an uncalled for burden on the taxpayers of this country.
He also argues that Kadaga acted illegally by putting the motion to vote yet parliament lacked the required quorum of one third of all members of parliament but it went ahead to pass the resolution.
Mabirizi now wants court to issue an order quashing the March 12 resolution by parliament because it was done illegally after flouting the standard procedures.
“An order of prohibition prohibiting the government of Uganda, its agents and all claiming from and/or through it from acting upon or on the strength of the 12th March 2019 Resolution of Parliament of Uganda approving the Proposal for Government to issue Promissory Notes not exceeding $379.71 Million to FINASI/ROKO Construction Special Purpose Vehicle Limited for financing of the design, construction and equipping of the International Specialized Hospital at Lubowa- Wakiso District,”Mabirizi says.
A number of people have raised concern over the move by government to construct the ultra- modern hospital at Lubowa.
The Uganda Medical Association (UMA)last week asked government to disengage from supporting the plan by a foreign investor to build the hospital urging that the public funds should be directed towards finishing the renovation of Mulago hospital.