Court sets hearing date for case against coffee deal

Minister of Finance Matia Kasaija (left)and Attorney General Kiryowa Kiwanuka appear before the Trade Committee at Parliament on  April 27. PHOTO/ DAVID LUBOWA

What you need to know:

  • The two advocates are seeking a court declaration against some people involved in the coffee deal.


The High Court in Kampala has set June 24 to commence hearing the case filed against the government over the controversial coffee agreement it signed with Uganda Vinci Coffee Company Limited (UVCCL).

“Take notice that this matter is fixed for hearing on the 24th day of June 2022 at 12 O’clock in the afternoon or soon thereafter as the case can be heard,” reads in part the May 4 hearing notice issued by the court’s deputy registrar.

“If no appearance is made by you or your pleader or by someone by law authorised to act for you, the matter will proceed and be decided in your absence,” the notice adds.

The respondents in this case are the Attorney General, Mr Kiryowa Kiwanuka, and UVCCL.

The petitioners are Mr Henry Byansi and Mr Michael Aboneka, all advocates.

The duo wants the court to declare that the actions of the minister of Finance, Mr Matia Kasaija, of secretly handpicking UVCCL to singly manage the production, export and setting prices of coffee beans and related products is illegal, null and void.

Demands

The two advocates are seeking court’s declaration that failure by the minister to make adequate consultations or seek the necessary legal approvals from Uganda Revenue Authority (URA), National Social Security Fund (NSSF), the Directorate of Immigration and Citizenship before purporting to waive taxes, NSSF contributions and work permits in favour of the coffee company is abuse of power and usurping of their constitutional and statutory powers.

The applicants contend that the agreement gives monopoly to UVCCL to control the coffee market hence eliminating other players such as small scale farmers, middlemen and cooperative unions.

“As a farmer, I know the coffee sector is composed of small scale traders and farmers, middlemen, small and large coffee exporters, development partners, farmer associations and unions such as the Bugisu Cooperative Union and Ankole Coffee Producers, among others, who have a right to be consulted as stakeholders before introducing a new policy,” reads in part Mr Byansi’s affidavit.

A storm was kicked up recently when this publication ran an exclusive story, detailing how government had secretly given rights of managing Ugandan coffee production, export and setting prices to UVCCL.

About a week ago, Parliament’s Committee on Trade, Tourism and Industries concluded public hearings on the same controversial coffee agreement.

The report findings are yet to be tabled officially before the full House for debate.