Over weekend, I was entertained to a very interesting debate that I had not paid much attention to. I had no idea the President of Uganda in the exercise of his powers under the constitution had pardoned former Permanent Secretary to the Ministry of Local Government, John Muhanguzi Kashaka. Kashaka had been convicted and sentenced to 10years for causing financial loss.
Kashaka was pardoned alongside his accomplice Henry Bamutura (posthumously), a former principal accountant in the same ministry. The two were indicted for signing a contract with Amman Industrial Tools for a botched supply of 70,000 bicycles without seeking approvals. Their attempts to challenge the decision were thwarted and confirmed by the Supreme courts.
it is with difficulty that I confess being happy for Kashaka and all other who have cheated the taxpayer but also sad at the same time their release is frustrating the campaign against graft. Finding somebody guilty of corruption is the order of the day but ordering them to refund the loss is what makes sense to the tax payer.
When the Inspectorate of Government goes about bragging having recovered some few billions, you are made to believe the fight is yielding results. However, when you hear that the President has pardoned a thief, yes, I said a thief, you are made to thinking we are moving ten steps forward and thirty steps backward.
In a country like Uganda where the corrupt a glorified, I am not so sure if some people do not pay money, colossal sums of money to end up on the list as compiled by prisons for consideration for a possible pardon. What has not been made clear to the public is the criteria used to come up with the list of beneficiaries and what criteria the Attorney General uses to approve the names before forwarding to the President.
During the debate, one of the panelists wondered whether the Prerogative of Mercy by implication does not empower the President to act as the highest appellate court above the Supreme Court. He further wondered why these powers are only exercised when it concerns high profile murder and graft convicts?
I am also wondering whether it was not a mistake to give the president so much power to do as he pleases at the expense of the fight against graft. Shouldn’t the upcoming Constitutional amendments focus on reducing the powers of the President while exercising the authority on the Presidential pardon. Is this not the right time to limit those powers to other cases with the exception of corruption convicts?
No wonder the Advisory Committee on the Prerogative of Mercy is headed by the President but in a shocking turn of events is chaired by the Attorney General and is constituted by six other reputable members of the public. The criteria for choosing the six members is another question leave alone their names. I have searched everywhere and even made calls but nobody seems to know any of the members.
We are told that the Uganda Prisons Service is mandated with the duty of compiling a list of prisoners who qualify for the presidential pardon. The list is then submitted to the Attorney General for approval every year. The question on how the Prisons service determines who qualifies is a debate for another day. If one of the grounds is medical, then the procedure is selective and questionable as there a thousands of sick and aged convicts whose names have never appeared on that list.
It appears that to get to the list, one needs to have a good father or must be well connected. In January, 2009, President Museveni by his authority released Chris Rwakasisi and Ali Fadhul from Prison where they been resident for over 20 years. I do not have the records but am sure there are other convicts who have served beyond 20years but are still in prison.
I again want to make it clear that I am not opposed to the Presidential pardon but I feel some times the process is abused by the powers that be. There should be special circumstances to warrant invoking the prerogative of mercy but never for corruption. In June, 2020 during the peak of covid 19 pandemic, the president pardoned about 833 convicts to reduce congestion in prisons. Those pardoned included petty offenders who did not go beyond 2 years and had completed three quarters of their sentences, breast-feeding mothers and those aged 60 and above.
On 3rd January, 2022, President Museveni in exercise of the powers bestowed upon him by the Constitution of Uganda under Article 121(1) (a) and in consultation with the Advisory Committee on the Prerogative of Mercy pardoned 79 prisoners from different Prison facilities across the country on medical and humanitarian grounds.
On March, 2023, the President released the Former Managing Director of the National Security Fund David Chandi Jamwa before completing his 12year conviction handed to him in 2011 for causing financial loss of about 3 billion. He was indicted for prematurely selling treasury bonds to the defunct Crane bank. He was released on what was termed as public health and humanitarian grounds. Jamwa has not compensated the government for the loss.
In August, 2023, at least 200 inmates including the former Permanent Secretary for the Ministry of Public Service Jimmy Lwamafa were set free from various government prisons after being pardoned by President Museveni. Uganda Prisons Service-UPS spokesperson Frank Baine, said the President pardoned inmates on public health and humanitarian grounds.
There is no doubt all sensitive authority in this country was intentionally handed over to the President and overshadows the parliament and the judiciary whose authority is usurped by such powers as the prerogative of mercy. In October 2023 when the Supreme Court just like the court of appeal in 2019 upheld a 10-year jail term confirming the 2014 Anti Corruption court decision, we thought the journey against corruption was on course. Little did we know some people were working behind the scenes to seek the intervention of the President.
Kashaka is not only a free man but has been given the green light to enjoy the money he was supposed to refund to government as compensation. It appears the prerogative does not only exempt him from serving the full jail term but also lifts the order of court regarding compensation of the amount lost and am sure he will not have to wait 10years before holding another government office again.
With this at play, to hell with the Inspector General of Government, the police and the state house Anti Corruption Unit. A wise man expecting to benefit from the Prerogative of mercy is better off in prison after stealing a reasonable amount of money that can be enjoyed after prison life. To such a man, stealing such a huge amount of money and going to prison for a mere 10 years is better than enjoying freedom out there without money.
Wadada Rogers is a commentator on political, legal and social issues. Wadroger @yahoo.ca
