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
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