82. Such a provision especially provided for under the Constitution gives
more powers and strength to the IGG to the extent that he or she can
act independently. In the same vein, we note that he IGG wrote to
the Attorney General pointing out that the review and amendment of
the original MoU and the execution of the Amended MoU and
Guarantee on 16th April, 2012 are adequate implementation of all
recommendations contained in the report.
In so doing, the IGG
applied special powers conferred by the Constitution and that is
consistent with the rule of law.
83. The Applicant has never challenged the Inspectorate of Government
Act, 2002 for being inconsistent with Articles 6(d), 7(2) and 8(1) (c)
of the Treaty. Turning back to Article 8(1) (c) of the Treaty therefore,
we have not found any submission from the Applicant in respect of
violation of the Treaty and by any stretch of imagination, we do not
see how the aforesaid IGG’s letter jeopardised the achievement of
the objectives of the implementation of the Treaty.
84. Another salient issue that was raised by the Applicant is that the
IGG’s change of mind was caused by the rejection of the report by
the Attorney General.
85. On that issue, we only need to say that the Attorney General did not
perform any function which altered the IGG’s powers as set out in
Article 230 of the Uganda Constitution. Moreover, the legal advice of
the Attorney General is merely advisory rather than binding on the
IGG.
86. On the mandate of the Attorney General, the Supreme Court of India
held in the case of Mr. Shri Mani Ram Sharma and Others
Reference No. 5 of 2013
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