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Sejusa demands to meet MPs abroad

News

WEDNESDAY, 02 OCTOBER 2013 00:17

WRITTEN BY SADAB KITATTA KAAYA & DEO WALUSIMBI

13 COMMENTS

Gen David Sejusa's lawyers have asked a parliamentary committe at a secret location

In his testimony before a parliamentary committee yesterday, the minister of state for Defence, Gen Jeje Odongo, caused a stir when he questioned Speaker Rebecca Kadaga's decision to write to army chief Gen Katumba Wamala, inquiring about Gen David Sejusa's status in the UPDF.

Odongo told the committee on Rules, Privileges and Discipline that Kadaga should not have written to the Chief of Defence Forces (CDF) before declining to grant a request from Gen Sejusa to extend his official leave from Parliament.

According to Odongo, Kadaga's letter to the CDF is the only formal complaint by a government institution about Sejusa's absence.

"To the best of my knowledge, there is no formal complaint from the institutions of the army or government other than [the Speaker of] Parliament," Odongo said.

Odongo told the committee, which is looking into Sejusa's failure to appear in parliament on September 18 as demanded by the speaker, that informal correspondences had been exchanged between various heads of security organs and the commander-in-chief, President Museveni.

Sejusa is being investigated for failing to appear in Parliament for 15 consecutive sittings without official permission. The committee began its investigation on Tuesday after Kadaga last week invoked her powers in rule 101(8) and referred the matter to the committee.

Under 101(9), Sejusa is required to appear in person before the committee to defend himself. But during yesterday's hearing, he was represented by two lawyers Joseph Luzige and Fred Dennis Mukasa Mbidde, who told the committee that their client can only appear if Parliament guarantees his safety.

AWOL

Having been away from his duty station for more than 21 days, Gen Odongo told the committee that Gen Sejusa, under the UPDF Act, is now classified as AWOL (away without official leave), and is, therefore, a wanted man.

"When you have been declared AWOL, then you have to answer … our procedures provide that a committee has to sit after 42 days and that officer is declared a deserter," he said.

To satisfy the rule of natural justice, Sejusa's lawyers came to the committee with a prayer for an adjournment of the hearing to Thursday when their client would be able to address the members. Sejusa is reportedly preparing an explanation as to why he cannot physically appear before the committee.

According to Luzige, Sejusa had proposed to address the committee via skype or video conferencing, which were both rejected after Busiro East MP and shadow minister for Justice and Constitutional affairs, Medard Lubega Sseggona, explained that these methods were not catered for under the law.

"How is he going to take oath? The laws of this country have not embraced technology and we don't want to get into problems with the law at the end of this exercise. What is going to happen for example if he has to ask a question during cross examination?" Sseggona wondered.

With this option rejected, Sejusa's lawyers then asked the committee to meet their client out of the country.

"They must make it possible within their means to meet him because fair hearing is a substantive principle for constitutional governance and it can't be circumvented by any decision, directive or legislation," Mbidde told The Observer.

"We cannot disclose the location now, but the committee needs to travel to a destination that we shall guide them to, to meet our client and hear his defence because we can represent him but can't give evidence on his behalf," he added.

-sadabkk@observer.ug
deowalusimbi@gmail.com

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Gwokto La'Kitgum

"Even a small dog can piss on a tall Building", Jim Hightower