issued two legal opinions stating in particular that there was no
loss caused to Government by the supply of ARVs, ACTs and
other drugs by QCIL Ltd;
The Attorney General, by issuing his legal opinion, acted within
his constitutional powers and that
contravened
cannot be said to have
the principles of good governance, democracy
and rule of law;
The
Attorney
General
independently
and
within
his
constitutional mandate analysed all relevant facts in the report
and shared his conclusions with the IGG. He then evaluated the
IGG’s recommendations for their appropriate implementation;
The IGG does
not require any consent or approval of any
authority to discontinue proceedings as provided under Section
14(8) of the Inspectorate of Government Act, 2002;
The Attorney General exercised his constitutional mandate in
issuing the aforesaid legal opinion and in doing so, he neither
altered the IGG’s report nor influenced the Inspectorate of
Government;
The Respondent would raise a preliminary objection as to
whether matters in the Reference are proper questions for the
interpretation or infringement of the Treaty; and
The Reference has no merit and should be dismissed.
Reference No. 5 of 2013
Page 8