MPs order ministers to resign over oil

  Posted  Wednesday, October 12  2011 at  00:00

In Summary

Ministers Mbabazi, Kutesa and Onek asked to step aside as MPs vote to
institute an ad hoc committee to investigate claims of mismanagement and
bribery in oil sector.

All ministers who were implicated in corrupt dealings with foreign oil
companies allegedly involving billions of shillings in kickbacks must vacate
their positions in government with immediate effect to pave way for
investigations, MPs resolved late last night.

This bipartisan resolution, which appears unprecedented, brought down the
curtain on to two days of a special House sitting called to discuss the
country’s oil sector. Prime Minister Amama Mbabazi along with Foreign
Affairs Minister Sam Kutesa and former Energy Minister and now minister for
Internal Affairs Hilary Onek have been asked to step aside.

While the original motion had proposed that the government sets up a
judicial commission of inquiry, MP Rosemary Sseninde (NRM) successfully
moved an amendment, saying an ad hoc committee of Parliament instead
investigates the matter. The affected ministers are expected to leave public
office until the committee to be established when Parliament reconvenes on
October 25 has tabled its findings within three months.

Mr Onek, who made desperate appeals to save himself, told Daily Monitor that
he was going to resign today. Mr Kutesa, who told the House in the morning
that he was innocent, did not return in the afternoon and the resolution was
passed in his absence while Mbabazi told Daily Monitor that he is not going
to resign. Mbabazi said: “I have no problem with investigations because I
have nothing to hide but to resign we are going to have chaos if people are
going to resign because someone has made baseless allegations.”

Attorney General Peter Nyombi tried to save the ministers but in vain. Mr
Nyombi told the House that there was no law within which ministers were
being asked to vacate their offices. But Geoffrey Ekanya (FDC, Tororo) said
Article 114 of the Constitution which speaks to parliamentary approval of
ministerial appointments can still be the basis upon which they are asked to
leave office.

*Speaker applauded*
Army representative Gen. Elly Tumwiine said: “Enough is enough on
corruption; there is no smoke without fire. People have different
consciences; there are those who have their ego beyond the national
interest, I don’t see any problem in resigning a job once you’re suspected.
Take the Army (UPDF) whenever our member was accused of corruption they have
to leave their post [until] they were tried and this is the practice the
world over. It’s not wrong to make a mistake but it’s a mistake to repeat a
mistake.”
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  While Mbabazi claimed that Speaker had not given the Executive the
opportunity to mount a defence, Ms Rebecca Kadaga who was praised by members
for showing patriotism and impartiality in the handling of debate, said:
“It’s unfair to claim that I didn’t give you the opportunity when you had
the whole day and this morning you decided to talk about different things.”

Other resolutions included a decision that the confidentiality clauses in
any future oil contracts with foreign companies be struck down and any
future attempts to drag government to foreign courts on matters relating to
Uganda’s oil be proscribed.

In a debate which began at 11am ended at 10:15pm, Parliament also resolved
that a moratorium on executing oil contracts and transactions be placed on
the government until the necessary laws have been passed by Parliament to
give effect to the National Oil and Gas policy. The laws must be tabled in
Parliament within 30 days.

Parliament also resolved that the government withholds consent to a pending
transaction between Tullow Oil, Total and CNOOC before capital gains tax
assessed by URA payable by Tullow are paid in advance and a report to that
effect be made to Parliament. They further decided that the government
should have a 15 per cent stake in all oil transactions, and asked for
accountability for penalty for late payments.

Parliament also agreed that the government produces all agreements it has
executed with all companies in the oil industry including the memorandum of
understanding executed between Uganda Revenue Authority and Tullow Oil in
March 2011.

A review of all Production Sharing Agreements already executed for purposes
of harmonising them with the law and that an account of all revenues so far
received from the oil sector be made to Parliament within seven days was
further agreed. The government was also directed to account for expenditure
made from oil revenues and a moratorium be placed on any further
expenditure.

Meanwhile, Andrew Barryayanga (Indep, Kabaale Municipality) tabled another
dossier naming two junior ministers in the Ministry of Energy, Simon
D’Ujanga and Peter Lokeris, saying they too have fallen foul of the bribery
allegations. However, the two ministers were left out of the final
resolutions in which all government officials named were also lined up for
investigation.
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