Former Bufumbira County East, MP Eddie Kwizera has sent a notice of intention to sue Water and Environment Minister Sam Cheptoris, over the re-appointment of the National Water and Sewerage Corporation (NWSC) Board members.
Through Victoria Advocates & Legal Consultants, Kwizera says that in respect of NWSC, the Minister had chosen to disrespect the law contrary to the oath he took to uphold the constitution and laws of Uganda.
He argues that in accordance with its mandate under article 79 of the constitution, parliament enacted the National Water and Sewerage Corporation Act, and “Under section 7 and 8, parliament empowered the minister, to appoint nine members of the Board of Directors for a period of three years with eligibility for reappointment for another term.”
According to Kwizera, in the year 2013, the minister appointed Christopher Ebal, Asiimwe Kanyaruju, Silver Mugisha, Aliiza Ndifuna, Dennis Nduhura, Henry Kibirige, Aaron Kabiri, Alim Oyet and Judith Tumusiime as Directors whose term expired in 2016.
Kwizera further says that the minister appears to have re-appointed the Board for their last term which came to an end in February 2019.
The former MP argues that the minister contravened the law in March 2019 when he is purported to have reappointed Christopher Ebal, Ruth Assimwe, Silver Mugisha, Edith Kateete as members of the Board.
“First you appointed fewer members of the Board than the required. Secondly you reappointed some members for a third term contrary to the law,” Kwizera said in the notice dated November 12 which Africa Tembelea has seen.
“The Board is therefore not lawfully constituted. There is no Board. All decisions made have no force of law and all monies received is wrongly earned,” he added.
Clearly, there is a mess at the corporation Kwizera said. He wondered how the minister would appoint only one member of the Board namely Faridah Namayanja alongside the managing Director.
“This is therefore to require you to cause those illegal directors appointed for a third term to immediately vacate office, proceed on a process of appointment of 8 new members of the Board. Should you fail to do so within 14 days and pay the costs of this notice, we shall commence two causes of action. The first to seek a judicial review for your actions which fall within the law and a suit for declaration that all decisions and regulations made since 2019 are null and void and the office bearers are in office illegally,” Kwizera said.
The notice comes at a time when Cabinet recently approved names for new Board members to be chaired by Rachael Mbabazi.