44. The principles of fairness and natural justice abhor finding against a
party which has not been given an opportunity to present its case. In
fact, the above principles comprise among others: The right to be informed of charges;
The right to a fair hearing; and
The right to be given an opportunity to defend his/her case
personally or to be represented.
45. In light of the above principles, to make any adverse order against
QCIL without hearing it would be against the principle of natural
justice and we decline the invitation to do so.
46. Therefore, Issue No.2 is answered in the negative.
ISSUE NO.3: Whether the Content and the Implications of the
Inspectorate of Government’s Letter dated 8th July, 2013 was
in breach of Principles of Good Governance, Rule of Law,
Accountability and Transparency contrary to the Provisions of
Articles 6(d), 7(2) and 8(1)(c ) of the Treaty:
47. From the outset, we hasten to state that the gist of the Reference
gravitates around the above issue. It is indeed, the respective letters
of the Attorney General of Uganda and the IGG that are the bone of
contention between the Parties in the Reference.
THE APPLICANTS’S SUBMISSIONS
48. It is the Applicant’s submissions that, upon his disclosure of
impropriety in the implementation of the MoU between the
Government of Uganda and the QCIL, the IGG carried out
investigations and discovered malpractices. The IGG then reported
and at the same time recommended that:Reference No. 5 of 2013
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