ISSUE NO.6: What Reliefs are available to the Parties? 96. All the core issues framed in the course of the Scheduling Conference have been addressed and at this stage, we have to determine the prayers sought in the Amended Reference in light of our findings. 97. Prayer (1): A declaration that the inaction, refusal or failure or and/or by the Government of Uganda to recover USD17,826,038.94 from Quality Chemical Industries Ltd as per the Inspectorate’s recommendations and report of December, 2011 is an aberration and fundamental departure from the principles of good governance, accountability and a subversion of the principle of rule of law and is contrary to Articles 6(d), 7(2) and 8(1) (c) of the Treaty. 98. Prayer No.1 is premised on Issue No.5 which has been determined in the negative. Therefore, there is no basis to grant that prayer. It is thus disallowed. 99. Prayer (2): A declaration that the Act of the Inspectorate in deeming “the review and amendment of the original MoU and the execution of the Amended MoU and Guarantee on 16th April, 2012” to be adequate implementation of all recommendations contained in the report and thereafter closed the matter, is a breach and infringement of Articles 6(d), 7(2) and 8(1)(c ) of the Treaty. 100. The prayer is based on Issue No.3. In our analysis above, we reached the conclusion that the content and the implication of the IGG’s letter dated 8th July, 2013 was consistent with the principles of good governance, rule of law, accountability and transparency. Reference No. 5 of 2013 Page 34

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