The recent appointment of Martin Mwambutsya as commissioner for civil litigation in the ministry of Justice and Constitutional Affairs has come under scrutiny from the Inspector General of Government. In a January 18 letter seen by The Observer, IGG Irene Mulyagonja wants the secretary to the Public Service Commission (PSC) to explain how Mwambutsya, a middle-ranking officer in the ministry led by Maj Gen Kahinda Otafiire, was promoted from senior state attorney to commissioner, a position two ranks above.

“It is specifically alleged that...he lacked the three years’ experience necessary to be appointed principal state attorney, let alone Commissioner for Civil Litigation,” Mulyagonja’s letter partly reads. The IGG’s intervention follows a complaint by a concerned staffer in the ministry of justice.

NO INTERVIEWS

In September 2015, the ministry, through an internal memo, advertised the positions of commissioner civil litigation and principal state attorney. According to the memo, the positions fell vacant after Ms Robina Gureme Rwakoojo retired early and Mr Wanyama Kodoli was granted leave without pay.

The memo, dated September 21, 2015, further stipulated that to qualify for promotion, “one must have served in their current post for a period of three years.”

Principal state attorneys Patricia Mutesi, Ben Turyasingura and Henry Oluka duly applied and the ministry submitted their applications to the Public Service Commission.

The complainant claims that although no interviews were conducted by PSC, the ministry was surprised to learn that Mwambutsya, who did not apply for the advertised jobs, had been appointed commissioner for civil litigation.

In her letter, IGG Mulyagonja says that if the allegations are true, Mwambutsya’s appointment is illegal since it runs counter to article 172 of the constitution.

“With regard to article 172 (1) (a)...for His Excellency to appoint a public officer specified thereunder, such appointment must be in accordance with the advice of the Public Service Commission,” the letter reads.

Mulyagonja argues that even if the president acted on the advice of the commission in appointing Mwambutsya, such advice was erroneous.

“This is because it was clear from the requirements in the advertisement and public standing orders that Mr Mwambutsya could not have qualified,” the IGG wrote, urging the commission to take corrective action within 30 days.

Contacted for a comment on Friday, Munira Ali, the spokesperson of the Inspectorate of Government, said she was not in office and could not immediately verify our information.

‘WITCH-HUNT’

In an interview on Friday, Mwambutsya confirmed his appointment is under investigation. Although he admits he didn’t apply for the job, he said his appointment is regular and cannot be quashed based on mere office witch-hunt.

“Some of my colleagues, who thought they deserved the job, are sour-graping after seeing that another competent person, who was junior to them, was appointed,” he said.

Mwambutsya argues that his case is one of accelerated promotion. “Accelerated promotion is allowed and I have got the requisite qualifications to be given the job. I have qualifications to be appointed a High court judge or an attorney general, who supervises a commissioner,” he said.

GOVT DEFENDER

Born 36 years ago, Mwambutsya obtained a Bachelor of Laws degree from Makerere University in 2004, and a post-graduate diploma from the Law Development Centre in 2005.

Before joining the ministry of Justice in 2007, Mwambutsya worked with Bashasha and Co Advocates and Didas Nkurunziza and Co Advocates as a legal assistant /advocate.

In 2009, he got a scholarship to study at the University of Birmingham in United Kingdom. When he returned in 2010, he defended government in the impugned impeachment of Lord Mayor Erias Lukwago as well as the removal of former prime minister Amama Mbabazi from the post of NRM secretary general.

In June 2015, Mwambutsya was promoted to senior state attorney, before being catapulted to commissioner. He thus skipped the position of senior principal state attorney and principal state attorney. Mwambutsya says he was promoted because of his competencies.

“I have executed all my assignments and I understand that the president asked for my CV based on what I had done. For instance, we saved the Tullow money. I was part of the legal team that defended government in London,” he said.

THE LAW

According to the Public Service Standing Orders, if a public officer is found suitable for promotion before completing the three years in the substantive grade or to a post more than one step in the promotion ladder, it shall be referred to as accelerated promotion.

The orders further provide that; “an officer may be considered for accelerated promotion if he/she has the set job competencies provided there is no other qualified officer for the position.”

In this case, the complaint against Mwambutsya alleges that he was promoted at a time when there were three qualified officers for the position and they had expressed interest in the job.

By press time, information available to The Observer indicated that the secretary to the Public Service Commission had not written back to the IGG. Mwambutsya, however, informed us that the appointing authority was going to resolve the matter.

“A meeting is going to happen very soon to consider those things. But the IGG’s letter does not require any response because it is neither here nor there,” he said confidently.