Government advises against NFA boss reappointment

The Solicitor General has advised the NFA board not to renew the contract of the current executive director, Mr Michael Mugisa

What you need to know:

  • Last week, NFA issued an advert for the said position.
  • To qualify, one must be 40 years and not above 55 years, among other requirements academic and integrity requirements.
  • However, Mr Gaster Kiyingi, an activist says the age limit stated is discriminatory.

Kampala. The Solicitor General has advised the National Forestry Authority (NFA) board not to renew the contract of the current executive director, Mr Michael Mugisa, after his two mandatory terms expire at the end this month.
The advice is in response to an earlier request by the NFA board chairperson, Mr Gershom Onyango, in a January 3 letter seeking legal interpretation on whether an executive director who has served his two terms can be reappointed.

“Our understanding of the provision (supra) however, is that upon open and competitive procurement process of the executive director, one would be appointed for an initial term of three years and a re-appointment would not ordinarily require a repeat of the competitive open procurement process, but rather an evaluation and appraisal of the sitting executive director and the board would,” the letter reads in part.
“If such a candidate meets the evaluation and appraisal criteria recommend to the minister to re-appoint him or her to the position of executive director,” the letter adds.

According to sources privy to the development, reappointing Mr Mugisa would be irregular since he has served his two terms as stipulated in Section 67(1) of the National Forestry and Tree Planting Act, 2003.
Section 65(1) indicates that the appointment of the executive director will be based on terms and conditions specified in the instruments of appoint. Section 67(1) indicates that the executive director shall hold office for three years and is eligible for re-appointment for one more term.

“His advice was that it would be illegal to re-appoint him as executive director again,” a source said.
When contacted yesterday, the Solicitor General, Mr Francis Atoke said his reply had been delivered to the intended recipients, including the Attorney General.
Mr Onyango said the SG’s interpretation will help “clear the air and avoid complaints” that somebody has been unfairly locked out of the process.