58. The Respondent then averred that the IGG applied the above
provisions while discharging her duties and in so doing, did not in any
way operate outside the principles of good governance, democracy
and rule of law.
He added that the various authorities and legal
sources quoted by the Applicant have been cited out of context but he
agreed with the definition of rule of law as laid down in James
Katabazi [supra].
59. Regarding the Attorney General’s legal opinion, the Respondent
further submitted that his advice did not in any way hinder the IGG’s
powers to the extent that he exercised his constitutional mandate
under Article 119(3) and (4) of the Uganda Constitution. The
Respondent asserted that upon further scrutiny of the IGG report, he
wrote down his legal opinion and forwarded it to the IGG who, after
consideration, reviewed her recommendations.
60. The Respondent further pointed out that he did not quash, set aside
or nullify the IGG’s recommendations but rather that he scrutinized
the report and came up with appropriate advice in the light of his
constitutional mandate.
In support of his submissions, the
Respondent cited a number of authorities including the Case of Jim
Muhwezi & 3 ORS vs. Attorney General & ANOR, Constitutional
Petition No.10 of 2008 where the Applicant had alleged that it was
unconstitutional for the President of the Republic of Uganda to direct
the IGG to investigate any matter. The Constitutional Court indeed
found that the IGG has a plain exercise of discretion on whether or
not to investigate any matter and stated so in clear terms as follows:“….the President did all these in the impugned letter to the
IGG. He like anyone else has the right to make a complaint to
Reference No. 5 of 2013
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